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Briefing
Volume: 56 Briefing: 763 Date: November 2015 Author Sally RobertsonMatrellis v Ypourgos Dikaiosynis kai Anthropinon Dikaiomaton CJEU rules that national legislation cannot deprive a male civil servant of the right to parental leave on the ground that his wife does not work or exercise any profession Go direct to Briefing
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Briefing
Volume: 56 Briefing: 764 Date: November 2015 Author Michael PotterR (on the application of SG and ors (previously JS and ors) v Secretary of State for Work and Pensions (CPAG and another intervening) SC holds, by a majority, that the benefit cap imposed by the Benefit Cap (Housing Benefit) Regulations 2012 which has a disparate impact upon women is not manifestly without reasonable foundation and was justified Go direct to Briefing
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Briefing
Volume: 56 Briefing: 765 Date: November 2015 Author Shantha DavidR (UNISON) v Lord Chancellor CA rejects UNISON's case that the imposition of tribunal fees breaches the EU principle of effectiveness and the public sector equality duty, and is indirectly discriminatory Go direct to Briefing
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Briefing
Volume: 56 Briefing: 766 Date: November 2015 Authors Shazia Khan Daniel ZonaKiani v SS for the Home Department CA affirms EAT decision that total lack of disclosure by a public authority is compatible with A6 ECHR - it rejected the argument that ZZ (France) v SS Home Department created a principle whereby individuals must be given the essence of case against them Go direct to Briefing
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Briefing
Volume: 56 Briefing: 767 Date: November 2015 Author Peter NicholsonChief Constable Of West Midlands Police and Ors v Harrod and Ors EAT decides that the mass compulsory retirement of police officers following budget cuts was not indirect age discrimination because it was objectively justified Go direct to Briefing
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Briefing
Volume: 56 Briefing: 768 Date: November 2015 Author Sophie GarnerBegum v Pedagogy Auras UK Ltd (t/a Barley Lane Montessori Day Nursery) EAT upholds ET decision that no indirect discrimination occurred when health and safety rule conflicted with applicants desire to wear particular form of religious dress Go direct to Briefing
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Briefing
Volume: 56 Briefing: 769 Date: November 2015 Author Nick FryNHS Direct NHS Trust v Gunn EAT upholds ET decision finding that for the purposes of the EA the claimant was an applicant for alternative employment offered before a TUPE transfer Go direct to Briefing
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Briefing
Volume: 56 Briefing: 770 Date: November 2015 Author Esther MaynardR (on the application of Hottak and anor) v Secretary of State for Foreign and Esther Maynard 30 Commonwealth Affairs and anor High Court considers whether an employee living outside the UK and recruited abroad to work there for a British employer can make a claim of discrimination under the EA - it also considers the territorial reach of the PSED Go direct to Briefing
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Briefing
Volume: 56 Briefing: 771 Date: November 2015 Author Professor Brice DicksonThe Committee on the Administration of Justices Application Northern Ireland High Court finds the Northern Ireland Executive to have broken the law by failing since 2006 to fulfill its statutory duty to adopt a strategy for tackling poverty, social exclusion and patterns of deprivation based on objective need Go direct to Briefing
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Briefing
Volume: 57 Briefing: 772 Date: March 2016 Author Catherine CasserleyUsing the potential of the United Nations Convention on the Rights of Persons with Disabilities Review of the UN Convention on the Rights of Persons with Disabilities (the Convention) 1 and its interaction with UK legislation Go direct to Briefing
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Briefing
Volume: 57 Briefing: 773 Date: March 2016 Authors Robin Allen Sian McKinley2016 and crystal balls: a querulous look to the year ahead! Challenges for equality practitioners in 2016 including impact of Britain leaving EU (Brexit), repeal of Human Rights Act 1998, upcoming cases at Supreme Court and Court of Justice of European Union and legislative and other administrative changes Go direct to Briefing
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Briefing
Volume: 57 Briefing: 774 Date: March 2016 Author Catherine RaynerTUC General Secretary's inspiring address at DLA's AGM The DLA was delighted to welcome Frances O’Grady, the first female TUC General Secretary, as its guest speaker at its AGM on February 3, 2016 Go direct to Briefing
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Briefing
Volume: 57 Briefing: 775 Date: March 2016 Author Catherine RaynerEbrahimian v France ECtHR finds no violation of A9 ECHR when contract with Muslim social worker who refused to remove her religious dress was not renewed Go direct to Briefing
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Briefing
Volume: 57 Briefing: 776 Date: March 2016 Author Michael PotterCameron Mathieson (by his father Craig Mathieson) v Secretary of State for Work and Pensions Applying the HRA, SC holds that the application of an overlapping benefits provision to remove DLvA in respect of a severely disabled child in hospital for more than 84 days in circumstances where his parents continued to act as his primary care givers Go direct to Briefing
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Briefing
Volume: 57 Briefing: 777 Date: March 2016 Author Naomi CunninghamGriffiths v Secretary of State for Work and Pensions Reasonable adjustment duty was not engaged where an absence management process was applied to a disabled employee, because the process would have been applied in the same way to a non-disabled employee with a similar level of absence Go direct to Briefing
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Briefing
Volume: 57 Briefing: 778 Date: March 2016 Author Peter NicholsonNaeem v Secretary of State for Justice CA dismisses appeal in indirect discrimination claim finding that it was necessary to establish the underlying reason for apparent disparate impact Go direct to Briefing
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Briefing
Volume: 57 Briefing: 779 Date: March 2016 Author Peter KumarPnaiser v (1) NHS England & (2) Coventry City Council EAT overturns ET decision on evidence required to shift the burden of proof; it sets out the steps to take in a s15 EA disability related claim Go direct to Briefing
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Briefing
Volume: 57 Briefing: 780 Date: March 2016 Author Michael ReedKelly v Covance Laboratories Limited EAT upholds ET decision that instructions not to speak Russian in the workplace was not unlawful direct race discrimination or harassment Go direct to Briefing
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Briefing
Volume: 57 Briefing: 781 Date: March 2016 Author David StephensonHak v St Christophers Fellowship EAT held that it was not an error of law for an ET to proceed with a preliminary hearing to consider striking out a claim where an interpreter had previously been requested but did not attend Go direct to Briefing
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Briefing
Volume: 57 Briefing: 782 Date: March 2016 Author Michael NewmanBethnal Green and Shoreditch Educational Trust v Dippenear Indirect age discrimination claim fails on appeal due to lack of findings by ET about the employer's practice, said to be replacing more experienced teachers with less experienced teachers Go direct to Briefing
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Briefing
Volume: 58 Briefing: 796 Date: July 2016 Author Sally RobertsonBanaszczyk v Booker Limited N EAT upholds ET decision that an incorporated body is entitled to bring EA claim of direct discrimination where it suffers detrimental treatment because of the protected characteristic of someone with whom the company is associated. Go direct to Briefing
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Briefing
Volume: 57 Briefing: 784 Date: March 2016 Authors Gay Moon Michael NewmanR (application of Mrs Janice Hawke & Mr Jeremy Hawke) v Secretary of State for Justice High Court rules that PSED is breached, but no declaration given due to s31(2A) CJCA; notes that repeated breaches, or claim supported by EHRC, may result in declaration Go direct to Briefing
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Briefing
Volume: 58 Briefing: 785 Date: July 2016 Authors Chris Johnson Dr Simon Ruston Marc Willers QCWho is a Gypsy or Traveller? How the government has intervened in planning policy to change the criteria by which Gypsies and Travellers are defined for the purposes of planning law Go direct to Briefing
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Briefing
Volume: 58 Briefing: 786 Date: July 2016 Author Henrietta Hill QCThe Battle of Orgreave: why an inquiry is needed Author concludes that an inquiry into Orgreave is required especially when rights to freedom of peaceful assembly, and trade union rights more generally, remain under the microscope following the recent passage of the Trade Union Act 2016 Go direct to Briefing
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Briefing
Volume: 58 Briefing: 787 Date: July 2016 Author Catherine RaynerDansk Industri v Estate of Karsten Eigil Rasmussen CJEU determination of the rights of an individual to claim against an employer in age discrimination case, where the discrimination flows from a state obligation placed upon an employer, and not from the private employment relationship Go direct to Briefing
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Briefing
Volume: 58 Briefing: 788 Date: July 2016 Author Jamila Duncan-BosuTaiwo v Olaigbe and another; Onu v Akwiwu and another SC holds that the mistreatment of migrant domestic workers who are vulnerable because of their precarious immigration status does not amount to direct or indirect race discrimination Go direct to Briefing
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Briefing
Volume: 58 Briefing: 789 Date: July 2016 Author Eirwen-Jane PierrotHottak v FCO CA confirms that employees working abroad must satisfy the same test of territorial jurisdiction as established in Lawson v Serco in order to bring discrimination claims under the EA. Go direct to Briefing
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Briefing
Volume: 58 Briefing: 790 Date: July 2016 Author Heather Williams QCSecretary of State for Justice v Windle & Arada CA holds that an absence of mutuality of obligations between a series of short-term contractual engagements is relevant to whether the claimants met the extended EA definition of employment. Go direct to Briefing
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Briefing
Volume: 58 Briefing: 791 Date: July 2016 Author Louise PriceMichalak v General Medical Council and Ors CA overturns EAT decision that a discrimination complaint against a qualification body, as defined by s53 EA, could not be brought before the ET - this decision overturned Jooste v GMC Go direct to Briefing
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Briefing
Volume: 58 Briefing: 792 Date: July 2016 Author Catrin LewisR (Rights of Women) v Secretary of State for Justice CA holds that regulation 33 of the Civil Legal Aid (Procedure) Regulations frustrated the statutory purpose of LASPO 2012 - it prescribed the types of supporting evidence of domestic violence for an application for legal aid too rigidly and narrowly Go direct to Briefing