Briefings Index (by article)

Volume: 75 Briefing: 1013 Date: 2022 Authors Finnian Clarke Richard O’Keeffe

Antwi and Ors v The Royal Parks Limited Case Nos: 2202211/2020, 2204440/2020 & 2205570/2020; November 16, 2021 Indirect race discrimination in disparate pay arrangements for outsourced workers Go direct to Briefing

Volume: 75 Briefing: 1012 Date: 2022 Author Ryan Bradshaw

Rosebery Housing Association v Cara Williams and Elaine Williams (2021) EW Misc 22 (CC) Case No: G01KT427; December 10, 2021 Indirect disability discrimination; the role of an assessor in county court proceedings and compensation Go direct to Briefing

Volume: 75 Briefing: 1011 Date: 2022 Authors Catherine Casserley with thanks to Laurene Veale

Reynolds & others v Live in the UK (Creditors in Voluntary Liquidation) Ltd Central London County Court, Case no E89YJ500, September 16, 2021 Service provider should have made reasonable adjustments and provided BSL interpretation for deaf customers at live music event Go direct to Briefing

Volume: 75 Briefing: 1010 Date: 2022 Authors Zoë Leventhal Darryl Hutcheon

R (TP, AR, AB and F) v Secretary of State for Work and Pensions [2022] EWHC 123 (Admin); January 21, 2022 DWP still discriminating against severely disabled people Go direct to Briefing

Volume: 75 Briefing: 1009 Date: 2022 Author Nathan Roberts

R (FDJ) v Secretary of State for Justice [2021] EWHC 1746 (Admin);1 July 7, 2021 The location of transgender prisoners on the women’s estate Go direct to Briefing

Volume: 75 Briefing: 1008 Date: 2022 Author Peter Nicholson

Driscoll v (1) V&P Global Ltd and (2) Varela EA-2020-000876-LA and EA- 2020-000877-LA;1 July 15, 2021 Constructive dismissal may constitute an act of harassment Go direct to Briefing

Volume: 75 Briefing: 1007 Date: 2022 Author Alice Ramsay

Rooney v Leicester City Council EA-2020-000070-DA and EA-2021- 0002560-DA; October 7, 202111 ET erred in deciding severe menopausal symptoms were not a disability Go direct to Briefing

Volume: 75 Briefing: 1006 Date: 2022 Author Niall Byrne

Bennett v MiTAC Europe Ltd EA-2020-000349-LA (previously UKEAT/0185/20/LA); October 20, 20211 Associative disability discrimination Go direct to Briefing

Volume: 75 Briefing: 1005 Date: 2022 Authors Shiraz Jamma Nick Webster

IX v WABE, & MH Muller v MJ; Cases C-804/18 and C-341/19; July 15, 2021 CJEU considers whether a ban on wearing visible religious symbols in the workplace amounts to religious discrimination Go direct to Briefing

Volume: 75 Briefing: 1004 Date: 2022 Authors Claire Burton Shannon Henderson

R (Cornerstone (North East) Adoption and Fostering Services) v OFSTED [2021] EWCA Civ 1390; September 24, 20211 Sexual orientation discrimination by a religious charity providing a public service was impermissible Go direct to Briefing

Volume: 75 Briefing: 1003 Date: 2022 Authors Nicola Braganza Emma Norton

From exemption to inclusion Extending the reach of the Equality Act 2010 - with a little help from the Human Rights Act 1998 Go direct to Briefing

Volume: 75 Briefing: 1002 Date: 2022 Author Robin Allen QC

‘Gay Cake Case’ Moral victory of the ‘Gay Cake Case’; the decision in Gareth Lee v UK, ECtHR Application no. 18860/19 Go direct to Briefing

Volume: 75 Briefing: 1001 Date: 2022 Author Geradline Scullion

Editorial: Human Rights Act Regressive and unnecessary plans to replace the HRA Go direct to Briefing

Volume: 74 Briefing: 1000 Date: 2021 Author Charlotte Pettman

R (Rowley) v Minister for the Cabinet Office HC finds that the absence of any British sign language interpretation for two government briefings about the Covid-19 pandemic constituted discrimination and breach of the defendants reasonable adjustments duty Go direct to Briefing

Volume: 74 Briefing: 999 Date: 2021 Author Mandy Bhattal

London Fire Commissioner & Others v Sargeant & Others EAT clarifies that a non-discrimination rule automatically overrides or replaces any discriminatory terms in a pension scheme. In a public sector context, those in charge of managing or administering the scheme do not have an obligation to apply any Go direct to Briefing

Volume: 74 Briefing: 998 Date: 2021 Author Naomi Cunningham

Forstater v CGD Europe Ltd EAT overturns ET decision and finds that a belief that sex is immutable, whatever a persons stated gender identity or gender expression, is Grainger-compliant and is a protected belief under the EA Go direct to Briefing

Volume: 74 Briefing: 997 Date: 2021 Author Catherine Casserley

Martin v City and County of Swansea EAT considers the breadth of the PCP in disability discrimination claims. Distinguishing between the impact of a sickness absence policy and its practical application, it recommends the adoption at case management of a practical and realistic approach to Go direct to Briefing

Volume: 74 Briefing: 996 Date: 2021 Authors Annie Powell Shriya Samani

S M Turani & H Marouf v SS Home Department CA holds that a UK resettlement scheme for third-party national refugees from Syria which excluded Palestinian nationals was justified as a proportionate means of achieving a legitimate aim. The PSED was found not to have extra-territorial effect and so Go direct to Briefing

Volume: 74 Briefing: 995 Date: 2021 Author David Stephenson

Wisbey v Commissioner of the City of London Police CA clarifies the correct approach when considering remedies for unintentional indirect discrimination under ss124(4) and (5) EA, holding that the requirement to consider a declaration or recommendation before assessing compensation for injury to feelings Go direct to Briefing

Volume: 74 Briefing: 994 Date: 2021 Author Yavnik Ganguly

Steer v Stormsure CA rejects submissions that the absence of interim relief in discrimination claims arising from dismissal amounts to a breach of Article 14 ECHR. The court confirms the correct approach for considering potential breaches of Article 14 Go direct to Briefing

Volume: 74 Briefing: 993 Date: 2021 Author Adam Straw QC

R (SC and others) v Secretary of State for Work and Pensions SC rejects an Article 14 challenge to the law limiting tax credit to two children Go direct to Briefing

Volume: 74 Briefing: 992 Date: 2021 Author David Stephenson

Royal Mail Group Ltd v Efobi SC upholds ET decision and confirms the two-stage test of the burden of proof; the ET had not erred in law when it did not draw adverse inferences from the employers failure to adduce evidence from the decision-makers who had dealt with the claimants job Go direct to Briefing

Volume: 74 Briefing: 991 Date: 2021 Author Joshua Yetman

CJ v Department of Communities for Northern Ireland CJEU confirms that the UKs refusal to award Universal Credit to EU nationals with pre-settled status is lawful but requires it to ensure refusals are compliant with the Charter of Fundamental Rights of the European Union Go direct to Briefing

Volume: 74 Briefing: 990 Date: 2021 Author John Horan

A silent revolution? Important but underreported changes to the Civil Procedure Rules that will improve disabled and vulnerable peoples experiences in the courts Go direct to Briefing

Volume: 74 Briefing: 989 Date: 2021 Author Changez Khan

Compulsory Covid-19 vaccination in the workplace: a moral maze? . Go direct to Briefing