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Briefing
Volume: 54 Briefing: 733 Date: March 2015 Author Nimrod Ben-CnaanGateway or gatekeeper? Some findings from the civil legal aid telephone gateway review Nearly two years after the implementation of LASPO, uptake of civil legal aid is markedly lower than predicted, and the telephone gateway’s performance reflects this trend Go direct to Briefing
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Briefing
Volume: 54 Briefing: 734 Date: March 2015 Author Catherine RaynerFag og Arbejde, acting on behalf of Karsten Kaltoft v Kommunernes Landsforening acting on behalf of the Municipality of Billund CJEU holds that obesity is not a characteristic protected by EU directive 2000/78/EC nor is it of itself a disability Go direct to Briefing
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Briefing
Volume: 54 Briefing: 735 Date: March 2015 Author Razia KarimCary v Commissioner of Police for the Metropolis CA provides guidance on the appointment of assessors in county court discrimination cases Go direct to Briefing
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Briefing
Volume: 54 Briefing: 736 Date: March 2015 Author Michael NewmanNayif v High Commissioner of Brunei Darussalam CA overturns High Court and holds that defence of issue estoppel was not available when appellant's ET claim had not been considered by the tribunal as it was presented out of time Go direct to Briefing
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Briefing
Volume: 54 Briefing: 737 Date: March 2015 Author Alison HarveyGudanaviciene et ors v Director of Legal Aid Casework and the Lord Chancellor CA holds that the Director of Legal Aid Casework's guidance on the operation of exceptional case funding scheme under s10 LASPO is unlawful and misstates law. Addresses scope of Schedule 1 LASPO in respect of refugee family reunion and human trafficking Go direct to Briefing
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Briefing
Volume: 54 Briefing: 738 Date: March 2015 Author Emma SatyamurtiFirstGroup plc and Paulley CA overturns county court decision that requiring, rather than requesting, non-wheelchair using passengers to vacate designated wheelchair space on a bus when needed by wheelchair user, was a reasonable adjustment the bus company was required to make Go direct to Briefing
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Briefing
Volume: 54 Briefing: 739 Date: March 2015 Author Catherine CasserleyThomas Cook Tour Operations Ltd v Campbell (No.1) [2014] EWCA Civ 1668, October 30, 2014; Campbell v Thomas Cook Tour Operations Ltd (No.2) Sheffield County Court, Case No.2 YK 74402 [2014] EqLR 655, September 29, 2014 Application of EA to disability discrimination in provision of services abroad Go direct to Briefing
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Briefing
Volume: 54 Briefing: 740 Date: March 2015 Author Michael ReedHalawi v WDFG UK Ltd t/a World Duty Free CA rejects discrimination appeal as claimant was not an employee: there was no obligation on the claimant to do work personally nor any form of economic dependence or subordination normally required to establish an employment relationship Go direct to Briefing
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Briefing
Volume: 54 Briefing: 741 Date: March 2015 Author Parminder SangheraMoore and Coates v SSCLG and London Borough of Bromley and Dartford Borough Council and EHRC High Court quashes the SSCLG's decisions to recover for his own determination the planning appeals of two Romani Gypsies - the SSCLG had indirectly discriminated against Gypsies and Travellers, breached his PSED and article 6 ECHR Go direct to Briefing
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Briefing
Volume: 54 Briefing: 742 Date: March 2015 Author Nick FrySaad v UHS NHS Trust EAT upholds ET decision which had properly considered the long-term effect of the claimants impairment on his ability to work Go direct to Briefing
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Briefing
Volume: 54 Briefing: 743 Date: March 2015 Author Peter NicholsonChandhok & Anor v Tirkey EAT holds caste can come within the definition of race under s9(1) EA Go direct to Briefing
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Briefing
Volume: 54 Briefing: 744 Date: March 2015 Author Michael ReedWindle v Secretary of State for Justice EAT overturns ET judgment which had incorrectly considered the lack of mutuality of obligation between assignments to be relevant to the question of whether there was a contract to personally do work Go direct to Briefing
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Briefing
Volume: 55 Briefing: 745 Date: July 2015 Author Louise WhitfieldThe public sector equality duty - an update on recent cases The success rate of recent public sector equality duty (PSED) cases has waxed and waned as public authorities have became more familiar with their equality duties Go direct to Briefing
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Briefing
Volume: 55 Briefing: 746 Date: July 2015 Author Catherine RaynerTribunal fees fuel growing concerns over access to justice The introduction of fees in the ET has led to a huge and sustained reduction in the number of claimants bringing complaints before the tribunal Go direct to Briefing
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Briefing
Volume: 55 Briefing: 747 Date: July 2015 Author Catherine CasserleyAkerman-Livingstone v Aster Communities Limited (formerly Flourish Homes Limited) SC distinguishes approach to be taken to s15 EA discrimination defence from the proportionality assessment applied to Article 8 ECHR holding that the substantive right to equal treatment protected by the EA is different from & extra to the Article 8 right Go direct to Briefing
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Briefing
Volume: 55 Briefing: 748 Date: July 2015 Author Joanna WhitemanR (SG and others) v SS for Work and Pensions SC majority decides the particular disadvantage faced by lone mothers as a result of the benefit cap is justified and does not breach Article 14 in conjunction with Article 8 ECHR Go direct to Briefing
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Briefing
Volume: 55 Briefing: 749 Date: July 2015 Author Sally RobertsonCLFIS v Mary Reynolds CA upholds ET judgment that decision-maker was not motivated by age; the motivation of others who supplied tainted information could not render the act in question discriminatory because of age. Go direct to Briefing
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Briefing
Volume: 55 Briefing: 750 Date: July 2015 Author Jenny EarleR (Coll) v SS for Justice CA rejects sex discrimination claim against Justice Secretary in challenge to lack of approved premises for women leaving prison Go direct to Briefing
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Briefing
Volume: 55 Briefing: 751 Date: July 2015 Author Henrietta HillBenkharbouche v Embassy of Sudan, Janah v Libya CA makes declarations that in preventing embassy staff from bringing employment claims against embassies, the State Immunity Act 1978 infringed the Articles 6 and 14 ECHR Go direct to Briefing
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Briefing
Volume: 55 Briefing: 752 Date: July 2015 Author Katya HoskingHome Office (UK Border Agency) v Essop Overturning the EAT, the CA holds that a claimant in an indirect discrimination case must show that his own disadvantage arises for the same reason as the group disadvantage Go direct to Briefing
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Briefing
Volume: 55 Briefing: 753 Date: July 2015 Authors Shazia Khan Daniel ZonaChersterton Global Ltd & Verman v Nurmohamed EAT dismisses employers appeal affirming that the employees whistle-blowing concerning a change to his personal pay structure was in the public interest Go direct to Briefing
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Briefing
Volume: 55 Briefing: 754 Date: July 2015 Author Michael NewmanEF & NP v AB & Ors EAT overturns ET decision and permanently extends a restricted reporting order to cover a respondent and non-party Go direct to Briefing
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Briefing
Volume: 55 Briefing: 755 Date: July 2015 Author Peter NicholsonHenderson v GMB EAT considers claims of direct discrimination and harassment based on a protected belief in left-wing democratic socialism Go direct to Briefing
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Briefing
Volume: 55 Briefing: 756 Date: July 2015 Author Emma WebsterCranwell v Cullen & Sterling v United Learning Trust EAT upholds ETs rejection of ET1s where the strict form filling requirements of ACAS early conciliation had not been met Go direct to Briefing
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Briefing
Volume: 55 Briefing: 757 Date: July 2015 Author Lisa TaggartLee v Ashers Baking Company Belfast County Court upholds complaints of discrimination on grounds of sexual orientation, religious belief and political opinion in the provision of goods and services Go direct to Briefing
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Briefing
Volume: 55 Briefing: 758 Date: July 2015 Author David StephensonTraveller Movement & Others v JD Wetherspoon plc Central London County Court upholds direct race discrimination claims when Irish Traveller Movement conference attendees, including Irish Travellers, Romani Gypsies and others associated with them, were refused service in the defendant's public house Go direct to Briefing
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Briefing
Volume: 56 Briefing: 759 Date: November 2015 Author Stephanie Harrison QCRefugees: legal rights and moral responsibility - a crisis of humanity? Obligations of states to respond to the rights of refugees and asylum seekers, highlighting how the existing extensive legal framework of rights could and should have dictated the UK and other EU states’ responses to recent events Go direct to Briefing
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Briefing
Volume: 56 Briefing: 760 Date: November 2015 Authors Geoffrey Bindman, Harminder Singh, Camilla Palmer Gay Moon, Karon Monaghan, Tufyal Choudhury Catherine Casserley, Barbara CohenThe distance travelled to secure legal protection and the road ahead to real equality Go direct to Briefing
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Briefing
Volume: 56 Briefing: 761 Date: November 2015 Author Geraldine ScullionConference report - October 2015 Equality rights - where next? Report of the DLA's annual conference Go direct to Briefing
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Briefing
Volume: 56 Briefing: 762 Date: November 2015 Author Catherine RaynerChez Razpredelenie Bulgaria AD v Komisia za zashita ot disckriminatsia CJEUs Grand Chamber rules that Directive 2000/43/EC can be interpreted to permit a claimant to claim indirect discrimination on grounds of race or ethnic origin because of her association with the disadvantaged group Go direct to Briefing