Briefings Index (by article)

Volume: 62 Briefing: 838 Date: 2017 Author Catherine Rayner

UNISON v The Lord Chancellor SC determines that ET fees were unlawful from the outset because they infringed the constitutional rights of workers by denying them access to justice. Go direct to Briefing

Volume: 62 Briefing: 837 Date: 2017 Authors Elaine Banton Chris Milsom

EAT practice and procedure update Go direct to Briefing

Volume: 62 Briefing: 836 Date: 2017 Author Geraldine Scullion

The last respectable form of racism - The pervasive discrimination and prejudice experienced by Gypsies, Roma and Travellers Go direct to Briefing

Volume: 61 Briefing: 835 Date: 2017 Author Michael Reed

Government Legal Service v Brookes EAT upholds ET judgment that requiring all candidates, without exception, to pass a multiple-choice test was not a proportionate means of achieving the legitimate aim of recruiting the best candidates for the GLS. Reasonable adjustments should have been Go direct to Briefing

Volume: 61 Briefing: 834 Date: 2017 Author Daniel Zona

Taylor v Ladbrookes Betting and Gaming Company EAT overturns ET decision that a claimant with type 2 diabetes was not disabled for the purposes of the EA. The medical evidence did not support the ETs decision that he did not suffer from a progressive condition. The EAT confirms that even a small Go direct to Briefing

Volume: 61 Briefing: 833 Date: 2017 Author Nina Khuffash

Pimlico Plumbers Ltd and another v Smith CA upholds ET decision that a contractor was found to be a worker & in employment in the extended sense under the EA, but not an employee. Go direct to Briefing

Volume: 61 Briefing: 832 Date: 2017 Author Heather Williams QC

Harrod v CC West Midlands Police & Ors CA upholds EATs decision that ET had erred in failing to find the respondent police forces had adopted a proportionate means of achieving a legitimate aim in requiring officers to retire under regulation 19 of the Police Pensions Regulations 1987 in Go direct to Briefing

Volume: 61 Briefing: 831 Date: 2017 Author Eirwen-Jane Pierrot

Steinfeld and Keidan v Secretary of State for Education CA holds by majority that restricting the availability of civil partnerships to same-sex couples is a proportionate interference with the A8 ECHR rights of heterosexual couples who are opposed to marriage but who wish to formalise their relationship. Go direct to Briefing

Volume: 61 Briefing: 830 Date: 2017 Author Katya Hosking

Essop & Ors v Home Office SC holds that indirect discrimination concerns PCPs which have disparate impact on those with protected characteristics by comparison with those who lack those characteristics. Differing from the CA, the SC holds that the reason why they have that Go direct to Briefing

Volume: 61 Briefing: 829 Date: 2017 Author Susan Belgrave

Achbita v G4S Secure Solutions NV & Bougnaoui v Micropole SA CJEU brings clarity to the contrasting opinions of its Advocates General on whether employers can ban headscarves in the workplace. It emphasises the need for transparent and fair rules which apply to all and suggests a need for flexibility while not Go direct to Briefing

Volume: 61 Briefing: 828 Date: 2017 Authors Schona Jolly QC Jason Galbraith-Marten QC

Vicarious liability under the Equality Act 2010 and at common law Go direct to Briefing

Volume: 61 Briefing: 827 Date: 2017 Author Professor Iyiola Solanke

Intersectionality and the anti-stigma principle - disrupting anti-discrimination law Go direct to Briefing

Volume: 61 Briefing: 826 Date: 2017 Author Stephen Heath, MIND

Mental health in the workplace Go direct to Briefing

Volume: 60 Briefing: 825 Date: 2017 Author Chris Milsom

The fluency duty: speaking in tongues? Chris Milsom describes the new fluency duty which came into effect on 21 November 2016 Go direct to Briefing

Volume: 60 Briefing: 824 Date: 2017 Author David Stephenson

Lambert v Secretary of State for the Home Department EAT hold that the ET was entitled to find that the sole reason for the disciplinary proceedings was the claimants perceived unmanageability; therefore the question of mixed motives did not arise. Go direct to Briefing

Volume: 60 Briefing: 823 Date: 2017 Author Rosalee Dorfman Mohajer

UNITE the Union v Nailard The EAT holds that two elected workplace union officers should be characterised as agents, rather than employees, of the union for the purpose of vicarious liability. The ET erred by failing to focus on the motivation of those responsible for the Go direct to Briefing

Volume: 60 Briefing: 822 Date: 2017 Author Sally Robertson

Buchanan v The Commissioner of Police of the Metropolis EAT considers what must be justified in s15 EA cases. It holds that if the 'treatment' depends on evaluation or discretion, it is that individual decision which must be justified, not the overall policy; explains that where a policy makes the treatment Go direct to Briefing

Volume: 60 Briefing: 821 Date: 2017 Author Andrew James

Hampshire County Council v Wyatt EAT confirms there is no legal requirement for medical evidence in unfair dismissal or discrimination cases before ETs can award compensation for personal injury or future loss. Whether it is proportionate to obtain such evidence in any particular case Go direct to Briefing

Volume: 60 Briefing: 820 Date: 2017 Author Eirwen-Jane Pierrot

The Interim Executive Board of X School v Her Majestys Chief Inspector of Education, Childrens Services High Court holds that gender segregation of pupils in mixed-sex schools is not inherently discriminatory Go direct to Briefing

Volume: 60 Briefing: 819 Date: 2017 Author Michael Potter

Lee v Ashers Baking Company Ltd and others Court of Session upholds Article 14 age discrimination complaint in relation to the right to education, and a breach of the PSED when student refused loan for living expenses because she exceeded the age limit set by the regulations. Go direct to Briefing

Volume: 60 Briefing: 818 Date: 2017 Author Catherine Casserley

Paulley v FirstGroup plc SC finds duty to make reasonable adjustments requires public bus company to do more than ask non-wheelchair users to vacate the wheelchair space on the bus. Go direct to Briefing

Volume: 60 Briefing: 817 Date: 2017 Author Stacy Stroud & Joanna Whiteman

R (on the application of Carmichael and Rourke) (formerly known as MA and others); R (on the application of Daly and others) (formerly known as MA and others); R (on the application of A) and R (on the application of Rutherford and another) v SSWP SC holds 'bedroom tax' amounts to disability discrimination only in some instances; it rejects sex discrimination claim. Go direct to Briefing

Volume: 60 Briefing: 816 Date: 2017 Author Catherine Rayner

David L. Parris v Trinity College Dublin and others CJEU holds a failure to pay a survivors pension to the partner of a homosexual worker is not adverse treatment caused by age or sexual orientation alone or combined, but is caused by the chronological development of legal rights and lawful exceptions to Go direct to Briefing

Volume: 60 Briefing: 815 Date: 2017 Author Katya Hosking

Isaac looks to DLA for potential cases Go direct to Briefing

Volume: 60 Briefing: 814 Date: 2017 Author Susan Belgrave

Dress codes for a secular, egalitarian and multicultural society Go direct to Briefing