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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Volume: 75
Briefing: 1001
Date: 2022
Author
Geradline Scullion
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Volume: 74
Briefing: 989
Date: 2021
Author
Changez Khan