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Briefing
Volume: 51 Briefing: 703 Date: March 2014 Author Jenny EarleLinda Griffiths v Secretary of State for Justice (Defendant) & Equality and Human Rights Commission (Intervener): Isobel Coll v Secretary of State for Justice (Defendant) & Equality and Human Rights Commission (Intervener) [2013] EWHC 4077 (Admin), December 19, 2013 Breach of gender equality duty in lack of approved premises for women leaving prison Go direct to Briefing
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Briefing
Volume: 51 Briefing: 704 Date: March 2014 Author Shantha DavidThe Queen on the Application of UNISON v The Lord Chancellor and The Equality and Human Rights Commission (Intervener) [2014] EWHC 218 (Admin), February 7, 2014 Judicial review of ET and EAT fees Go direct to Briefing
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Briefing
Volume: 51 Briefing: 705 Date: March 2014 Author Peter DalyCroft Vets Ltd v Butcher UKEAT/0562/12, [2013] EqLR 1170, October 2, 2013; Environment Agency v Donnelly UKEAT/0194/13, [2014] EqLR 13, October 18, 2013; Secretary of State for Work and Pensions v Higgins UKEAT/0579/13, [2013] EqLR 1180, October 25, 2013 Clarity required in identifying the elements of reasonable adjustments Go direct to Briefing
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Briefing
Volume: 51 Briefing: 706 Date: March 2014 Author Catherine CasserleyL H Bishop Electric Company Limited (1), Allan Frederick Sheldon T/A Aztec Distributors (2) Winston Robert Duff Tay T/A Rhos Filing Station (3) Brinklow Marina Limited (4) v The Commissioners For Her Majestys Revenue & Customs First-Tier Tribunal Tax Chamber, Appeal Numbers: TC/2010/2825, TC/2010/2719, TC/2010/3004 & TC/2010/5291, September 30, 2013 Requirement to file VAT returns on-line results in direct and indirect discrimination Go direct to Briefing
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Briefing
Volume: 52 Briefing: 707 Date: July 2014 Author Kiran DaurkaAlternatives to the statutory questionnaire - new rules and update The author examines the history of the questionnaire, the decision by the government to abolish it as part of the ‘Red Tape Challenge’, and explores what practitioners may do now to obtain information Go direct to Briefing
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Briefing
Volume: 52 Briefing: 708 Date: July 2014 Author Louise EnglefieldSport and homophobia In 2011, the year before London’s Olympic and Paralympic Games, the UK government launched its charter to tackle homophobia and transphobia in sport Go direct to Briefing
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Briefing
Volume: 52 Briefing: 709 Date: July 2014 Author Emma WebsterFlexible working arrangements Author examines the changes to the right to request flexible working introduced by Part 9, Children and Families Act 2014 and the Flexible Working Regulations 2014 SI 1398 which came into operation on June 30, 2014 Go direct to Briefing
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Briefing
Volume: 52 Briefing: 710 Date: July 2014 Author Gay MoonMcDonald v UK ECtHR finds Article 8 engaged by decision to withdraw healthcare without lawful assessment - authorities have discretion to balance individuals' personal interests against more general interest of competent public authority in providing care to community Go direct to Briefing
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Briefing
Volume: 52 Briefing: 711 Date: July 2014 Author Jane RussellCD v ST Court of Justice of the European Union, Case C-167/12 [2014] IRLR 551; [2014] EqLR 298; March 18, 2014 CJEU finds that member states are not required to provide maternity leave to intended mothers who receive a baby through a surrogacy arrangement Go direct to Briefing
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Briefing
Volume: 52 Briefing: 712 Date: July 2014 Author Sally CowenStott v Thomas Cook SC upholds decision of county court that disabled passenger could not be awarded injury to feelings damages, as claim came within prescriptive terms of Montreal Convention which covers aircraft accidents but specifically excludes non-compensatory damages Go direct to Briefing
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Briefing
Volume: 52 Briefing: 713 Date: July 2014 Author Peter DalyJessemey v Rowstock Ltd & Anor CA confirms that the EA protects employees from discrimination, even after the employment relationship has ended Go direct to Briefing
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Briefing
Volume: 52 Briefing: 714 Date: July 2014 Author Michael NewmanOnu v Akwiwu and Anor; Taiwo v Olaigbe and Anor CA finds that treatment on grounds of immigration status is not direct or indirect race discrimination. Immigration status does not correspond exactly with nationality, and so cannot, in and of itself, form the basis of a race discrimination claim Go direct to Briefing
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Briefing
Volume: 52 Briefing: 715 Date: July 2014 Author Sharon WardaleKeohane v Commissioner of Police for the Metropolis EAT partially overturns ET decision that a Police Officer had not been subjected to indirect sex discrimination by having one of her search dogs removed from her as a result of her pregnancy Go direct to Briefing
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Briefing
Volume: 52 Briefing: 716 Date: July 2014 Author Nick FryGrace v Places for Children EAT agrees with ET's decision that employer was reasonable to dismiss for the way in which the employee manifested their religion; however the decision should not be read as drawing a clear distinction between holding a belief and manifesting it Go direct to Briefing
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Briefing
Volume: 52 Briefing: 717 Date: July 2014 Author Peter NicholsonSolicitors Regulation Authority v Mitchell EAT upholds ET's decision that the respondent's false explanation for its less favourable treatment of the claimant constituted something more for the purposes of shifting the burden of proof from the claimant to the respondent Go direct to Briefing
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Briefing
Volume: 52 Briefing: 718 Date: July 2014 Author Michael ReedWilejesundera v Heathrow 3PL Logistics Ltd EAT overturns ET decision that illegal working prevents claim for unlawful harassment; as the harassment was not inextricably bound up with the claimants illegal conduct, she was entitled to protection Go direct to Briefing
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Briefing
Volume: 52 Briefing: 719 Date: July 2014 Author Caroline GoodingKurtagja v Department of Work and Pensions, Sheffield County Court Where a tribunal has ruled on a social security appeal this does not prevent discrimination claims being brought under the EA; these may be brought in the county court by way of JR Go direct to Briefing
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Briefing
Volume: 53 Briefing: 720 Date: November 2014 Author Catherine RaynerQuestions for consideration on obesity and disability Author considers the recent case law of the EAT & CJEU on obesity as a disability, drawing on the guidance & judgments of the courts on how to determine whether the claimant is disabled within the meaning of the Equality Act 2010 (EA) Go direct to Briefing
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Briefing
Volume: 53 Briefing: 721 Date: November 2014 Author Binder BanselWheatley & Giles v Civil Nuclear Police Authority London Central; Keohane v Commissioner of Police for the Metropolis UKEAT/2014/0463 The unfairness of a level playing field - author examines the practical and legal issues in claims for indirect discrimination, as well as some of the points arising from recent cases in which his firm acted for the claimants Go direct to Briefing
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Briefing
Volume: 53 Briefing: 722 Date: November 2014 Author Geraldine ScullionConference report : October 2014 Discrimination and economic inequality: two faces of disadvantage Go direct to Briefing
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Briefing
Volume: 53 Briefing: 723 Date: November 2014 Author Mohini BharaniaSAS v France ECtHR upholds French burqa ban - interference with right to freedom of religion is legitimate in terms of respect for the minimum requirements of life in society or living together Go direct to Briefing
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Briefing
Volume: 53 Briefing: 724 Date: November 2014 Author Michael NewmanHounga v Allen SC overturns CA decision that illegality was defence to discrimination claim brought by trafficked migrant worker & held that defence of illegality does not apply as integrity of legal system was not jeopardized by allowing discrimination claim to succeed Go direct to Briefing
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Briefing
Volume: 53 Briefing: 725 Date: November 2014 Author Peter NicholsonHainsworth v Ministry of Defence CA confirms that employers do not have a duty to make reasonable adjustments for non-disabled employees associated with disabled people Go direct to Briefing
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Briefing
Volume: 53 Briefing: 726 Date: November 2014 Author Michael ReedR (on the application of MA) v Secretary of State for Work and Pensions CA dismisses appeal holding that Secretary of State's approach was not disproportionate; the discrimination arising from the application of the bedroom tax to disabled claimants was justified Go direct to Briefing
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Briefing
Volume: 53 Briefing: 727 Date: November 2014 Author John HalfordThe Queen on the Application of the Public Law Project v The Secretary of State for Justice High Court finds residence test for eligibility for civil legal aid amounts to unlawful discrimination Go direct to Briefing
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Briefing
Volume: 53 Briefing: 728 Date: November 2014 Author Gay Moon(Winder and Others) v Sandwell Metropolitan Borough Council and the Equality and Human Rights Commission (intervening) High Court upholds JR challenge to the Council's residency requirement for entitlement to council tax rebate Go direct to Briefing
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Briefing
Volume: 53 Briefing: 729 Date: November 2014 Author Brenda ParkesFraser v Leicester University EAT upholds ET dismissal; the ET had correctly looked at the discrimination allegations individually, as well as looking at the big picture Go direct to Briefing
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Briefing
Volume: 53 Briefing: 730 Date: November 2014 Author Katya HoskingEssop v Home Office (UK Border Agency) EAT overturns ET decision preventing indirect discrimination case from succeeding unless claimant could prove the reason why he was disadvantaged, as well as the fact he had suffered a group-based disadvantage Go direct to Briefing
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Briefing
Volume: 53 Briefing: 731 Date: November 2014 Author Catherine CasserleyHoward v Metropolitan Police Service ET upholds complaints of victimisation and direct sex and race discrimination; it makes an extensive series of recommendations for action by the respondent Go direct to Briefing
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Briefing
Volume: 54 Briefing: 732 Date: March 2015 Author Brice DicksonConscience clauses and equality law The extent to which equality obligations should make allowance for deeply held personal convictions is a concern for some religious believers and presents a challenge to UK anti-discrimination practitioners Go direct to Briefing