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1. Briefing
   Volume: 58 Briefing: 793 Date: July 2016 Author Michael Potter

   Mulvena and Smith v SS for Communities and Local Government, EHRC intervening CA holds that following a successful test case which established that the SOSs recovery of planning appeals was discriminatory and unlawful, a refusal to extend time to enable similar claims to be pursued did not breach the EU right to an effective remedy Go direct to Briefing
2. Briefing
   Volume: 58 Briefing: 794 Date: July 2016 Author Peter Nicolson

   Harron v Dorset Police UKEAT/0234/15/DA EAT considers the approach taken by the ET in deciding that the claimant's belief in the proper and efficient use of public money in the public sector did not amount to a philosophical belief under s10 EA and remits the claim for reconsideration Go direct to Briefing
3. Briefing
   Volume: 58 Briefing: 795 Date: July 2016 Author Rosalee Dorfman

   Gallop v Newport City Council EAT holds that a single decision-maker alleged to have discriminated against an employee must have actual or constructive knowledge of his/her disability; imputed knowledge is insufficient Go direct to Briefing
4. Briefing
   Volume: 58 Briefing: 797 Date: July 2016 Author Daniel Zona

   Wasteney v East London NHS Foundation Trust N Not an act of harassment or discrimination to discipline staff for inappropriate manifestation of their religion or belief - also senior staff must have regard to their influential position when engaging in 'religious discussion' with junior staff. Go direct to Briefing
5. Briefing
   Volume: 58 Briefing: 798 Date: July 2016 Authors Henrietta Hill QC Louise Price

   Moorthy v HMRC N Termination payment which includes an element related to discrimination and injury of feelings will be taxable under s401 ITEPA where the discrimination arises from the termination itself; injury to feelings awards are not are not protected by s.406 Go direct to Briefing
6. Briefing
   Volume: 59 Briefing: 799 Date: 2016 Author Lena Mohamed

   Fears mount over detrimental Prevent strategy UN Committee on the Elimination of Racial Discrimination concluded in August 2016 that the Prevent duty has ‘created an atmosphere of suspicion towards members of Muslim communities’ Go direct to Briefing
7. Briefing
   Volume: 59 Briefing: 800 Date: November 2016 Author Razia Karim

   Discrimination and financial services: the role of Financial Ombudsman Service Not only does the Financial Ombudsman Service provide free, alternative dispute resolution for consumers, but in its interpretation of its powers, it is developing an important new source of law Go direct to Briefing
8. Briefing
   Volume: 59 Briefing: 801 Date: November 2016 Author Catherine Rayner

   Action urged on workplace pregnancy and maternity discrimination A report from the Women and Equalities Select Committee highlights increasing levels of pregnancy and maternity discrimination, and poor health and safety/risk assessments in the workplace Go direct to Briefing
9. Briefing
   Volume: 59 Briefing: 802 Date: November 2016 Author Michael Potter

   European Commission v United Kingdom of Great Britain and Northern Ireland CJEU rejects European Commission challenge to the UK's requirement that economically inactive EU nationals must be ordinarily resident to qualify for social security benefits Go direct to Briefing
10. Briefing
    Volume: 59 Briefing: 803 Date: November 2016 Author Naomi Cunningham

    Blackwood v Birmingham & Solihull Mental Health NHS Foundation Trust CA overturns ET and EAT decision that the ET lacked jurisdiction to hear a complaint about discrimination in the course of a work placement on the grounds that it was a part 6 EA claim only justiciable in the county court Go direct to Briefing
11. Briefing
    Volume: 59 Briefing: 804 Date: November 2016 Author Sally Robertson

    Galo v Bombardier Aerospace NICA overturns IT's decision to reject disabled claimant's discrimination complaints because the tribunal had not met the requirements of procedural fairness Go direct to Briefing
12. Briefing
    Volume: 60 Briefing: 819 Date: March 2017 Author Michael Potter

    Lee v Ashers Baking Company Ltd and others NICA holds that a business which routinely supplies customised cakes was guilty of direct discrimination on the grounds of sexual orientation when it refused to supply a cake with a message supporting same-sex marriage due to its owners’ Christian beliefs Go direct to Briefing
13. Briefing
    Volume: 59 Briefing: 806 Date: November 2016 Author Michael Reed

    G4S Cash Solutions (UK) Ltd v Powell EAT upholds ET's decision that the employer's ongoing duty to make reasonable adjustments required it to maintain the claimant's previous salary Go direct to Briefing
14. Briefing
    Volume: 59 Briefing: 807 Date: November 2016 Author Peter McTigue

    AA Solicitors Limited and Ali v Majid EAT considers the approach to calculating an award for injury to feelings and decides Judicial College Guidelines for personal injury are not relevant to claims of this nature. ETs can adjust the Vento bands to take account of the effect of inflation Go direct to Briefing
15. Briefing
    Volume: 59 Briefing: 808 Date: November 2016 Author Robert Maddox

    Geller v Yeshurun Hebrew Congregation EAT finds that ET had erred in failing to consider whether an employer had subconsciously discriminated against the appellant - the ET's conclusion that the respondent's witnesses held a genuine belief that they had not discriminated was too subjective Go direct to Briefing
16. Briefing
    Volume: 59 Briefing: 809 Date: November 2016 Author Heather Williams QC

    Pendleton v Derbyshire County Council and The Governing Body of Glebe Junior School EAT finds that a Christian teacher dismissed for standing by her husband after his conviction for making indecent images of children suffered indirect discrimination because of her religious belief in the sanctity of marriage Go direct to Briefing
17. Briefing
    Volume: 59 Briefing: 810 Date: November 2016 Author Catherine Rayner

    Smith v Gartner UK Ltd EAT upholds ET's decision that employer did not discriminate on grounds of age where the income replacement insurance scheme it provided ceased payments of benefits at age 60. The cause of the different treatment was the terms of the insurance contract Go direct to Briefing
18. Briefing
    Volume: 59 Briefing: 811 Date: November 2016 Author Daniel Zona

    Risby v London Borough of Waltham Forest EAT overturns ET decision that there must be a direct causal link between disability and the 'something arising' in a s15 EA claim. It confirms that disability need only be an effective cause of the unfavourable treatment Go direct to Briefing
19. Briefing
    Volume: 59 Briefing: 812 Date: November 2016 Author Eirwen-Jane Pierrot

    XC v CD and ASLEF EAT overturns ET decision that a requirement that employees work weekends was not justified and therefore indirectly discriminated against women. The ET had failed to properly consider the employer's legitimate aim of meeting the demands of its service, Go direct to Briefing
20. Briefing
    Volume: 60 Briefing: 813 Date: March 2017 Author Rachel Crasnow QC

    Discrimination law and Brexit - a long gaze into the crystal ball As no guarantees have been given that our current workplace protections will not be weakened, practitioners must stay alert to changes and actively contribute to debates on new frameworks for protection Go direct to Briefing
21. Briefing
    Volume: 60 Briefing: 814 Date: March 2017 Author Susan Belgrave

    Dress codes for a secular, egalitarian and multicultural society The House of Commons' Petitions Committee and Women and Equalities Committee released a report on January 25th on high heels and workplace dress codes and the CJEU is now considering opposing opinions on the issue of religious headwear at work Go direct to Briefing
22. Briefing
    Volume: 60 Briefing: 815 Date: March 2017 Author Katya Hosking

    Chair of the Equality and Human Rights Commission, David Isaac, looks to DLA for potential cases There is often confusion about the role of the EHRC - as a ‘non-departmental public body’ created by statute, it is publicly funded but must be independent of government to maintain its status as a United Nations national human rights institution Go direct to Briefing
23. Briefing
    Volume: 60 Briefing: 816 Date: March 2017 Author Catherine Rayner

    David L. Parris v Trinity College Dublin and others Failure to pay survivor's pension to homosexual worker's partner is not adverse treatment caused by age or sexual orientation alone or combined but caused by chronological development of legal rights and lawful exceptions to protection from discrimination Go direct to Briefing
24. Briefing
    Volume: 60 Briefing: 817 Date: March 2017 Authors Stacy Stroud Joanna Whiteman

    R (on the application of Carmichael and Rourke) (formerly known as MA and others); R (on the application of Daly and others) (formerly known as MA and others); R (on the application of A) and R (on the application of Rutherford and another) v SSWP SC holds 'bedroom tax' amounts to disability discrimination only in some instances; it rejects sex discrimination claim Go direct to Briefing
25. Briefing
    Volume: 60 Briefing: 818 Date: March 2017 Author Catherine Casserley

    Paulley v FirstGroup plc SC finds duty to make reasonable adjustments requires public bus company to do more than ask non-wheelchair users to vacate the wheelchair space on the bus Go direct to Briefing
26. Briefing
    Volume: 60 Briefing: 820 Date: March 2017 Author Eirwen-Jane Pierrot

    The Interim Executive Board of X School v Her Majesty's Chief Inspector of Education, Children's Services High Court holds that gender segregation of pupils in mixed-sex schools is not inherently discriminatory Go direct to Briefing
27. Briefing
    Volume: 60 Briefing: 821 Date: March 2017 Author Andrew James

    Hampshire County Council v Wyatt EAT confirms there is no legal requirement for medical evidence in unfair dismissal or discrimination cases before ETs can award compensation for personal injury or future loss Go direct to Briefing
28. Briefing
    Volume: 60 Briefing: 822 Date: March 2017 Author Sally Robertson

    Buchanan v The Commissioner of Police of the Metropolis EAT considers what must be justified in s15 EA cases. It holds that if the 'treatment' depends on evaluation or discretion, it is that individual decision which must be justified, not the overall policy Go direct to Briefing
29. Briefing
    Volume: 60 Briefing: 823 Date: March 2017 Author Rosalee Dorfman Mohajer

    UNITE the Union v Nailard The EAT holds that two elected workplace union officers should be characterised as agents, rather than employees, of the union for the purpose of vicarious liability Go direct to Briefing
30. Briefing
    Volume: 60 Briefing: 824 Date: March 2017 Author David Stephenson

    Lambert v Secretary of State for the Home Department EAT hold that the ET was entitled to find that the sole reason for the disciplinary proceedings was the claimant's "perceived unmanageability"; therefore the question of "mixed motives" did not arise Go direct to Briefing