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1. Briefing
   Volume: 60 Briefing: 825 Date: March 2017 Author Chris Milsom

   The fluency duty: speaking in tongues? Chris Milsom describes the new fluency duty which came into effect on 21 November 2016 Go direct to Briefing
2. Briefing
   Volume: 61 Briefing: 826 Date: July 2017 Author Stephen Heath, MIND

   Mental health in the workplace Review of the extent of legal protection for workers with mental health problems under the health and safety legislation and the anti-discrimination protections under the Equality Act 2010 Go direct to Briefing
3. Briefing
   Volume: 61 Briefing: 827 Date: July 2017 Author Professor Iyiola Solanke

   Intersectionality and the anti-stigma principle - disrupting anti-discrimination law The term ‘intersectionality’ was devised to crystallise the particular legal position of a group of black women employed in the 1970s by General Motors (GM) in Louisiana - these women complained of employment discrimination arising in the wake of slavery Go direct to Briefing
4. Briefing
   Volume: 61 Briefing: 828 Date: July 2017 Authors Schona Jolly QC Jason Galbraith-Marten QC

   Review of Mohamud v WM Morrison Supermarkets plc and Cox v Ministry of Justice Vicarious liability under the Equality Act 2010 and at common law Go direct to Briefing
5. Briefing
   Volume: 61 Briefing: 829 Date: July 2017 Author Susan Belgrave

   Achbita v G4S Secure Solutions NV & Bougnaoui v Micropole SA CJEU brings clarity to the contrasting opinions of its Advocates General on whether employers can ban headscarves in the workplace Go direct to Briefing
6. Briefing
   Volume: 61 Briefing: 830 Date: July 2017 Author Katya Hosking

   Essop & Ors v Home Office SC holds that indirect discrimination concerns PCPs which have disparate impact on those with protected characteristics by comparison with those who lack those characteristics Go direct to Briefing
7. Briefing
   Volume: 61 Briefing: 831 Date: July 2017 Author Eirwen-Jane Pierrot

   Steinfeld and Keidan v Secretary of State for Education CA holds by majority that restricting the availability of civil partnerships to same-sex couples is a proportionate interference with the A8 ECHR rights of heterosexual couples who are opposed to marriage but who wish to formalise their relationship Go direct to Briefing
8. Briefing
   Volume: 61 Briefing: 832 Date: July 2017 Author Heather Williams QC

   Harrod v CC West Midlands Police & Ors CA upholds EAT's decision that ET had erred in failing to find the respondent police forces had adopted a proportionate means of achieving a legitimate aim in requiring officers to retire under regulation 19 of the Police Pensions Regulations 1987 Go direct to Briefing
9. Briefing
   Volume: 61 Briefing: 833 Date: July 2017 Author Nina Khuffash

   Pimlico Plumbers Ltd and another v Smith CA upholds ET decision that a contractor was found to be a worker & in employment in the extended sense under the EA, but not an employee Go direct to Briefing
10. Briefing
    Volume: 61 Briefing: 834 Date: July 2017 Author Daniel Zona

    Taylor v Ladbrookes Betting and Gaming Company EAT overturns ET decision that a claimant with type 2 diabetes was not disabled for the purposes of the EA - the medical evidence did not support the ET's decision that he did not suffer from a progressive condition Go direct to Briefing
11. Briefing
    Volume: 61 Briefing: 835 Date: July 2017 Author Michael Reed

    Government Legal Service v Brookes EAT upholds ET judgment that requiring all candidates, without exception, to pass a multiple-choice test was not a proportionate means of achieving the legitimate aim of recruiting the best candidates for the GLS Go direct to Briefing
12. Briefing
    Volume: 62 Briefing: 836 Date: November 2017 Author Geraldine Scullion

    The pervasive discrimination and prejudice experienced by Gypsies, Roma and Travellers The last respectable form of racism Go direct to Briefing
13. Briefing
    Volume: 62 Briefing: 837 Date: November 2017 Authors Elaine Banton Chris Milsom

    Jones v Secretary of State for Business, Innovation and Skills; Tree v South East Coast Ambulance Service NHS Foundation Trust; De Souza v Vinci Construction (UK) Ltd; NHS TDA v Saiger and Ors; North Cumbria University Hospitals NHS Trust v Saiger and Ors; Jhuti v Royal Mail; De Mota v (1) ADR Network; (2) The Co-operative Group Ltd EAT practice and procedure update Go direct to Briefing
14. Briefing
    Volume: 62 Briefing: 838 Date: November 2017 Author Catherine Rayner

    UNISON v The Lord Chancellor SC determines that ET fees were unlawful from the outset because they infringed the constitutional rights of workers by denying them access to justice Go direct to Briefing
15. Briefing
    Volume: 62 Briefing: 839 Date: November 2017 Authors Pouya Fard Joanna Whiteman

    Walker v Innospec Ltd & Ors SC rules that to the extent that para 18 of Schedule 9 EA authorises a restriction of equality in payment of pension benefits to same-sex spouses based on periods of service before December 5, 2005, it is incompatible with the Equality Framework Directive Go direct to Briefing
16. Briefing
    Volume: 62 Briefing: 840 Date: November 2017 Author Colin Davidson

    Naeem v Secretary of State for Justice SC upholds ET decision that the prison pay scheme was indirectly discriminatory against Muslim chaplains Go direct to Briefing
17. Briefing
    Volume: 62 Briefing: 841 Date: November 2017 Author Michael Potter

    In the matter of an application by Denise Brewster for Judicial Review Legislation requiring cohabitating couples to observe a nomination requirement to be eligible for a survivor's pension entitlement is unlawful discrimination contrary to Article 14 ECHR in conjunction with Article 1 of Protocol 1 Go direct to Briefing
18. Briefing
    Volume: 62 Briefing: 842 Date: November 2017 Author Catrin Lewis

    O'Brien v Bolton St Catherine's Academy The CA has provided guidance to tribunals when considering the overlap between s15 Equality Act 2010 (EA) and s98(4) Employment Rights Act 1996 (ERA) in the context of the dismissal of a disabled employee for long-term sickness absence Go direct to Briefing
19. Briefing
    Volume: 62 Briefing: 843 Date: November 2017 Author Catherine Casserley

    Williams v Trustees of Swansea University Pension and Ors CA dismisses W's appeal and upholds a conclusion that the payment of a pension enhancement based on part-time earnings as a result of W reducing his hours for a disability-related reason cannot amount to unfavourable treatment for the purposes of s15 EA Go direct to Briefing
20. Briefing
    Volume: 62 Briefing: 844 Date: November 2017 Author Catherine Rayner

    Efobi v Royal Mail Group Ltd EAT rejects the concept of a shifting burden of proof in discrimination cases following consideration of the wording of s136 EA Go direct to Briefing
21. Briefing
    Volume: 62 Briefing: 845 Date: November 2017 Author Jason Braier

    Trayhorn v Secretary of State for Justice Upholding ET's decision, EAT confirms that in an indirect discrimination claim under the EA engaging Article 9 ECHR, the requirement to prove group disadvantage remains. EAT confirms, however, the threshold in such a case is low Go direct to Briefing
22. Briefing
    Volume: 62 Briefing: 846 Date: November 2017 Author Eirwen-Jane Pierrot

    R (DA & Ors) v Secretary of State for Work and Pensions and Shelter The Administrative Court finds not only that the application of the revised benefits cap to those with children under the age of two is discriminatory and a breach of Article 8 rights, but that real misery is being caused to no good purpose Go direct to Briefing
23. Briefing
    Volume: 62 Briefing: 847 Date: November 2017 Author Catherine Casserley

    In the matter of an application by Joanna Toner for judicial review The NI High Court considers the lawfulness of aspects of a public realm scheme in respect of access to a town centre for blind and partially sighted people, holding for the first time that the local authority breached its s75 public sector equality duty Go direct to Briefing
24. Briefing
    Volume: 63 Briefing: 848 Date: March 2018 Author Susan Belgrave

    A review of recent reports on racial inequality in Britain Steps include legal reform, government action to tackle the causes of poverty & systemic inequalities, strengthening the role of EHRC in investigating, reporting & challenging such disparities & encouraging employers to set ambitious targets for change Go direct to Briefing
25. Briefing
    Volume: 65 Briefing: 874 Date: November 2018 Author Jessica Smeaton

    Office Equipment Systems v Hughes; Rana v London Borough of Ealing and another; Bonnie v Department for Work and Pensions; Haydar v Pennine Acute NHS Trust; Tarn v Hughes and others; Miah v Axis Security Service Ltd Practice and procedure update Go direct to Briefing
26. Briefing
    Volume: 63 Briefing: 850 Date: March 2018 Author Sally Robertson

    Carvalho Pinto De Sousa Morais v Portugal ECtHR holds, without requiring a comparator, that it was a breach of Article 14, read with Article 8 ECHR, for a court to cut a woman's compensation for medical negligence on the stereotypical ground that sex was not as important for a 50-year old woman Go direct to Briefing
27. Briefing
    Volume: 63 Briefing: 851 Date: March 2018 Author Jason Braier

    Otero Ramos v Servicio Galego de Sae and another CJEU holds failure to carry out appropriate risk assessment for a breastfeeding worker amounts to direct sex discrimination Go direct to Briefing
28. Briefing
    Volume: 63 Briefing: 852 Date: March 2018 Author Claire McCann

    R (on the application of C) v Secretary of State for Work and Pensions SC rules that the DWP's data procedures & policies which reveal a benefit claimants gender history and, therefore, their transgender status, constitute a serious interference with their Article 8 ECHR rights and are prima facie indirectly discriminatory Go direct to Briefing
29. Briefing
    Volume: 63 Briefing: 853 Date: March 2018 Authors Juliette Nash Louise Price

    Benkharbouche v Secretary of State for Foreign & Commonwealth Affairs, and Secretary of State for Foreign & Commonwealth Affairs and Libya v Janah SC clarifies that state immunity cannot always be invoked to deny embassy workers their employment rights within the UK, even if their contracts were negotiated at a time when they were living abroad Go direct to Briefing
30. Briefing
    Volume: 63 Briefing: 854 Date: March 2018 Author Eirwen Pierrot

    HM Chief Inspector of Education, Childrens Services and Skills v The Interim Executive Board of Al-Hijrah School & Ors CA overturns High Court decision and finds that a mixed-sex school's practice of segregating pupils by sex was discriminatory Go direct to Briefing