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1. Briefing
   Volume: 63 Briefing: 855 Date: March 2018 Author Rosalee Dorfman Mohajer

   In the matter of M (Children) CA upholds the right of a transgender father to have direct contact with her children raised in a Jewish Orthodox community. Go direct to Briefing
2. Briefing
   Volume: 63 Briefing: 856 Date: March 2018 Author Catherine Casserley

   Rochford v WNS Global Services (UK) Ltd & Ors CA upholds ET's finding of, in effect, gross misconduct when employee refused to work even though the ET had found as discrimination a failure to allow him to resume his full role. An employee has no absolute right to refuse to work Go direct to Briefing
3. Briefing
   Volume: 63 Briefing: 857 Date: March 2018 Author Michael Newman

   Baker v Abellio London Ltd Are employers required to get documents proving workers' right to work? The EAT says no - the important fact is whether the individual has the right to work; not whether the worker has the documentation to prove their right to work Go direct to Briefing
4. Briefing
   Volume: 63 Briefing: 858 Date: March 2018 Author Daniel Zona

   CC of Norfolk v Coffey EAT confirms ET decision that a claimant with a hearing loss impairment, but who is not disabled, was directly discriminated against on the grounds of a perceived disability Go direct to Briefing
5. Briefing
   Volume: 64 Briefing: 859 Date: July 2018 Authors Barbara Cohen Razia Karim

   What is the Windrush scandal? The authors consider whether the Home Office’s ‘hostile environment’ policy is compliant with the Human Rights Act 1998 & the Equality Act 2010’s public sector equality duty & whether any benefits of the policy can justify its financial and societal costs Go direct to Briefing
6. Briefing
   Volume: 64 Briefing: 860 Date: July 2018 Authors Kate Lill Paramjit Ahluwalia

   The impact of sentences of imprisonment upon women Women are currently gravely disadvantaged by a system largely designed by men for men - the sentencing of women needs, and deserves, a gender-specific approach Go direct to Briefing
7. Briefing
   Volume: 64 Briefing: 861 Date: July 2018 Author Catherine Rayner

   Pimlico Plumbers Ltd and another v Smith [2018] UKSC 29; June 13, 2018 SC dismissed Pimlico Plumbers appeal & upheld judgment of ET, EAT & CA that Mr Smith is a worker under s230(3) Employment Rights Act 1996 and under Regulation 2(1) Working Time Regulations 1998 & was ‘within employment’ for purposes of s82(a) Equality Act Go direct to Briefing
8. Briefing
   Volume: 64 Briefing: 862 Date: July 2018 Author Peter Nicholson

   United First Partners Research v Carreras [2018] EWCA Civ 323; February 28, 2018 The duty to make reasonable adjustments under s20(3) of the Equality Act 2010 (EA) is triggered where a provision, criterion or practice (PCP) puts a disabled person at a substantial disadvantage in comparison with persons who are not disabled Go direct to Briefing
9. Briefing
   Volume: 64 Briefing: 863 Date: July 2018 Author Emma Satyamurti

   Donelien v Liberata Ltd [2018] EWCA Civ 129; February 8, 2018 CA considers employer's knowledge of disability Go direct to Briefing
10. Briefing
    Volume: 64 Briefing: 864 Date: July 2018 Author Michael Newman

    Air Products Plc v Cockram [2018] EWCA Civ 346; March 2, 2018 Age discrimination - legitimate aim Go direct to Briefing
11. Briefing
    Volume: 64 Briefing: 865 Date: July 2018 Author Catherine Rayner

    City of York Council v Grosset [2018] EWCA Civ 1105; May 15, 2018 Unfavourable treatment and the employer's belief in a link with disability: the correct legal test considered Go direct to Briefing
12. Briefing
    Volume: 64 Briefing: 866 Date: July 2018 Author Michael Reed

    Pemberton v Inwood, Bishop of Southwell and Nottingham [2018] EWCA Civ 564; March 22, 2018 Schedule 9 EA religious requirements defence found not to apply to harassment claim Go direct to Briefing
13. Briefing
    Volume: 64 Briefing: 867 Date: July 2018 Author Elaine Banton

    Moorthy v HMRC [2018] EWCA Civ 847; April 20, 2018 Injury to feelings awards are not taxable (age discrimination) Go direct to Briefing
14. Briefing
    Volume: 64 Briefing: 868 Date: July 2018 Author Nina Khuffash

    Capita Customer Management Ltd v Ali and Working Families (Intervenor) UKEAT/0161/17; April 11, 2018 EAT holds that failure to pay enhanced shared parental pay to a male employee was not sex discrimination Go direct to Briefing
15. Briefing
    Volume: 64 Briefing: 869 Date: July 2018 Author Daniel Zona

    Really Easy Car Credit Limited v Thompson UKEAT/0197/17/DA; January 3, 2018 Appeal concerned ET’s approach to a case of pregnancy discrimination and automatic unfair dismissal in circumstances where the decision to dismiss was taken before the employer had knowledge of the pregnancy but the dismissal itself took place after Go direct to Briefing
16. Briefing
    Volume: 64 Briefing: 870 Date: July 2018 Author Michael Potter

    Toy v Chief Constable of Leicestershire Police UKEAT/0124/17/LA; March 9, 2018 EAT found that ET had correctly concluded the claimant/appellant had not been subjected to disability discrimination contrary to ss15 & 20 of the Equality Act 2010 & the respondent had neither actual nor constructive knowledge of the claimant’s disability Go direct to Briefing
17. Briefing
    Volume: 64 Briefing: 871 Date: July 2018 Author Jason Braier

    Hale v Brighton and Sussex University Hospitals NHS Trust UKEAT/0342/16/LA; December 8, 2017 Welcome clarification that where a claimant complains that the bringing of disciplinary proceedings is in breach of the Equality Act disciplinary proceedings are to be treated as a continuing act when determining whether the complaint is presented in time Go direct to Briefing
18. Briefing
    Volume: 65 Briefing: 872 Date: November 2018 Author Michael Potter

    Gareth Lee (Respondent) v Ashers Baking Company Limited and others (Appellants) [2018] UKSC 49 The Ashers judgment: has the Supreme Court provided both a sword and a shield for discriminators? Go direct to Briefing
19. Briefing
    Volume: 65 Briefing: 873 Date: November 2018 Authors Dee Masters Robin Allen QC

    Algorithms, apps and artificial intelligence: the next frontier in discrimination law Commentators have started to identify the ways in which technology discriminates against users because of their race, disability, gender or sexual orientation Go direct to Briefing
20. Briefing
    Volume: 65 Briefing: 875 Date: November 2018 Author Catherine Casserley

    MB v SS Work and Pensions CJEU holds the Gender Recognition Act 2004 requirement that, in order for a gender recognition certificate to be granted, the applicant's marriage had to be annulled, may constitute direct sex discrimination Go direct to Briefing
21. Briefing
    Volume: 65 Briefing: 876 Date: November 2018 Author Laura McMahon

    McLaughlin, Judicial Review (Northern Ireland) SC overturns CA decision and holds that the law which prevents unmarried people from claiming widowed parent's allowance is incompatible with article 14 ECHR, read with article 8 Go direct to Briefing
22. Briefing
    Volume: 65 Briefing: 877 Date: November 2018 Author Louise Whitfield

    R (Steinfeld and Keidan) v Secretary of State for International Development SC allows appeal of different-sex couple on basis that unavailability of civil partnerships to them is in breach of HRA 1998. Government's wait-and-evaluate approach is not justification for on-going discrimination Go direct to Briefing
23. Briefing
    Volume: 65 Briefing: 878 Date: November 2018 Authors Shazia Khan Tariro Nyoka

    Unite v Nailard CA holds that Unite was liable for the acts of its lay officials because they were acting as its agents; the union was not liable for failures of its employed union officials to prevent discrimination by third-party lay officials Go direct to Briefing
24. Briefing
    Volume: 65 Briefing: 879 Date: November 2018 Author Sally Robertson

    Dunn v Secretary of State for Justice & HM Inspectorate of Prisons A flawed early retirement process did not constitute disability discrimination. CA agrees with EAT's substituted decision to dismiss the claim, rather than remit to the ET. On the facts found and argued, only one answer was possible: no discrimination Go direct to Briefing
25. Briefing
    Volume: 65 Briefing: 880 Date: November 2018 Author Sally Robertson

    X v Y Ltd No legal advice privilege in an email advising the employer how to cloak discrimination in a redundancy exercise. That email crossed the high bar of iniquity: it was so unconscionable as to be contrary to public policy Go direct to Briefing
26. Briefing
    Volume: 65 Briefing: 881 Date: November 2018 Author Mary Kitson

    Hanna v Eventsec Northern Ireland County Court finds that a service provider acted unlawfully and failed to make reasonable adjustments in relation to its admissions policy when it refused permission for a diabetic customer to bring a Lucozade drink Go direct to Briefing
27. Briefing
    Volume: 65 Briefing: 882 Date: November 2018 Author Catherine Casserley

    Plummer v Royal Herbert Freehold Ltd County Court finds that the management company breached its duty to make reasonable adjustments under the EA services provisions; it indirectly discriminated against P in respect of what building alteration works it undertook. Court awarded £9,000 damages Go direct to Briefing
28. Briefing
    Volume: 65 Briefing: 883 Date: November 2018 Author Catherine Casserley

    C & C v The Governing Body of a School Upper Tier Tribunal finds that the Equality Act (Disability) Regulations 2010 are incompatible with ECHR right to education Go direct to Briefing
29. Briefing
    Volume: 66 Briefing: 884 Date: March 2019 Authors Leila Moran Kiran Daurka

    Challenging assumptions and bias Unconscious bias and stereotyped assumptions are the most important issues to challenge when tackling discrimination today Go direct to Briefing
30. Briefing
    Volume: 66 Briefing: 885 Date: March 2019 Authors Catherine Rayner Michael Newman

    Urgent action demanded on disproportionate impact of austerity on protected groups to enable their access to justice Some of the shocking statistics which reveal the disproportionate impact on those who should be protected from discrimination Go direct to Briefing