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1. Briefing
   Volume: 66 Briefing: 886 Date: March 2109 Author Daphne Romney QC

   Establishing a valid comparator in equal pay claims CA judgment in ASDA Stores Ltd v Brierley [2019] EWCA Civ 44 in which the court considered the vexed question of comparability Go direct to Briefing
2. Briefing
   Volume: 66 Briefing: 887 Date: March 2019 Author Mohini Bharania

   Moral and economic imperatives for ethnicity pay reporting Making the case for a legal requirement on employers with 50+ employees to collect ethnicity pay data, report on pay gaps and provide an action plan on closing these pay gaps Go direct to Briefing
3. Briefing
   Volume: 66 Briefing: 888 Date: March 2019 Author Catherine Casserley

   Williams v Trustees of Swansea University Pension & Assurance Scheme & Ors SC considers the meaning of unfavourable in the context of s15 EA, giving short shrift to the appellant's contention that calculation of his ill-health pension enhancement on the basis of his (disability-related) reduced hours was unfavourable Go direct to Briefing
4. Briefing
   Volume: 66 Briefing: 889 Date: March 2019 Authors Joanna Whiteman Sam Barnes

   Lord Chancellor & Ors v McCloud & Ors; SS for the Home Dept & Ors v Sargeant & Ors CA held that difference in treatment between younger and older judges and firefighters constituted direct discrimination on the grounds of age. A legitimate social policy aim requires an objective assessment and must, as a minimum, be rational Go direct to Briefing
5. Briefing
   Volume: 66 Briefing: 890 Date: March 2019 Author Michael Potter

   British Airways v Pinaud The CA dismissed the appeal and upholds ET and EAT findings that the terms of a part-time employee's contract requiring her to be available for work for proportionately 8.5 days per year more than a full-time comparator whilst receiving the same salary Go direct to Briefing
6. Briefing
   Volume: 66 Briefing: 891 Date: March 2019 Author Elaine Banton

   J v K and another CA overturns ET and EAT and allows claimant's application for extension of time to lodge appeal; it provides guidance on the relevance of a party's mental ill-health in the context of such an application Go direct to Briefing
7. Briefing
   Volume: 66 Briefing: 892 Date: March 2019 Author Catherine Casserley

   Wood v Durham County Council EAT considers and upholds the provisions for excluded conditions in the EA disability regulations, holding that a claimant who had shoplifted had been correctly considered to have a tendency to steal Go direct to Briefing
8. Briefing
   Volume: 66 Briefing: 893 Date: March 2019 Author Jason Braier

   Awan v ICTS UK Ltd Where a disabled employee benefits from contractual long-term disability benefits, there is an implied contractual term the employer will not dismiss for incapacity reasons Go direct to Briefing
9. Briefing
   Volume: 66 Briefing: 894 Date: March 2019 Author Amanda Boyd

   Martin v University of Exeter ET judge’s use of a colloquial term ("necessarily") when assessing how "likely" a claimant would remain disabled, was done in a predictive context and did not depart from the "it may well happen" legal test in SCA Packaging Ltd v Boyle Go direct to Briefing
10. Briefing
    Volume: 66 Briefing: 895 Date: March 2019 Author Catrin Lewis

    Evans v Xactly EAT dismisses appeal and upholds ET's decision that, in this specific context where the claimant was an active participant in inappropriate workplace comments and behaviour, the comments complained of did not amount to harassment Go direct to Briefing
11. Briefing
    Volume: 66 Briefing: 896 Date: March 2019 Author Rea Murray

    R (Z and others) v (1) Hackney LBC and (2) Agudas Israel Housing Association The divisional court held that it was lawful for a small, Orthodox Jewish housing association to provide tenancies to members of the Orthodox Jewish Community to the exclusion of non-members Go direct to Briefing
12. Briefing
    Volume: 67 Briefing: 897 Date: July 2019 Authors Marc Willers QC Tim Baldwin

    Discrimination facing Gypsies, Roma and Travellers in the UK today Overview of the discrimination and socio-economic disadvantages experienced by Gypsies, Roma and Travellers in the UK which, despite equality legislation and legal protection for their traditional way of life, has changed little over recent years Go direct to Briefing
13. Briefing
    Volume: 67 Briefing: 898 Date: July 2019 Author Stephen Heath

    MHA review and why being black in Britain might be bad for your mental health Black women have higher rates of mental ill-health and Black people are diagnosed for psychosis more frequently than white people but yet they experience poor treatment Go direct to Briefing
14. Briefing
    Volume: 67 Briefing: 899 Date: July 2019 Author Koldo Cosla

    The EA socio-economic duty - a powerful idea hidden in plain sight Reflections on the potential of the public authority duty to reduce inequalities arising from socioeconomic disadvantage, contained in s1 of the Equality Act 2010 (EA) Go direct to Briefing
15. Briefing
    Volume: 67 Briefing: 900 Date: July 2019 Author Sally Robertson

    Iwuchukwu v City Hospitals Sunderland NHS Foundation Trust CA upholds ET's finding that the respondent's failure to investigate the claimant's grievances was direct race discrimination Go direct to Briefing
16. Briefing
    Volume: 67 Briefing: 901 Date: July 2019 Author Catherine Rayner

    Efobi v Royal Mail Group CA reverses EAT's approach to the burden of proof and restated the principle that the onus, at the first stage, is on the claimant to prove facts showing discrimination Go direct to Briefing
17. Briefing
    Volume: 67 Briefing: 902 Date: July 2019 Author James Watkins

    South West Yorkshire Partnership NHS Foundation Trust v Jackson & Others EAT overturns ET decision that a claimant was subjected to discrimination because she was exercising her right to maternity leave. The issue of causation was not properly addressed and there were insufficient findings on the facts to support a conclusion Go direct to Briefing
18. Briefing
    Volume: 67 Briefing: 903 Date: July 2019 Author Naomi Cunningham

    ICTS Ltd v Visram EAT dismisses respondent's appeal arguing that benefits payable until return to work would have ceased as soon as the claimant was able to return to any reasonable remunerative full-time work Go direct to Briefing
19. Briefing
    Volume: 67 Briefing: 904 Date: July 2019 Author Leila Moran

    NISSA v (1) Waverly Education Foundation Ltd & (2) Newsome In Nissa the EAT considered how "long-term" should be interpreted for the purposes of the definition of disability for s6 and Schedule 1 Equality Act 2010 (EA) Go direct to Briefing
20. Briefing
    Volume: 67 Briefing: 905 Date: July 2019 Author Yavnik Ganguly

    Gan Menachem Hendon Limited v Ms Zelda De Groen EAT overturns ET decision that an employee was directly discriminated against because of the employer's belief and employee's lack of belief in the prohibition in Judaism against unmarried couples co-habiting Go direct to Briefing
21. Briefing
    Volume: 67 Briefing: 906 Date: July 2019 Author Daniel Zona

    The Governing Body of Tywyn Primary School v Aplin EAT approved ET's findings that procedural failings which were so unreasonable are capable of giving rise to an inference of discrimination Go direct to Briefing
22. Briefing
    Volume: 67 Briefing: 907 Date: July 2019 Author Peter Kumar

    Baldeh v Churches Housing Association of Dudley & District Ltd EAT overturns ET's decision to reject claimants s15 EA claim on the grounds that the employer had no knowledge of her disability. It had also failed to engage with the justification defence Go direct to Briefing
23. Briefing
    Volume: 67 Briefing: 908 Date: July 2019 Author Catherine Casserley

    Smalies v Clewer Court Residents Ltd County court confirms rights of disabled people under the EA to make disability-related alterations to their homes Go direct to Briefing
24. Briefing
    Volume: 68 Briefing: 909 Date: November 2019 Authors Ryan Bradshaw Niall Byrne

    Using the European Convention on Human Rights to challenge discrimination Seeking to enforce the judgments in R (TP and AR) v Secretary of State for Work and Pensions [2018] EWHC 1474 (Admin) (TP & AR) and R (TP, AR & SXC) v Secretary of State for Work and Pensions [2019] EWHC 1127 (Admin) (SXC) Go direct to Briefing
25. Briefing
    Volume: 68 Briefing: 910 Date: November 2019 Authors Kiran Daurka Leila Moran

    Use of non-disclosure agreements in discrimination cases Calls for reform of legally sanctioned secrecy Go direct to Briefing
26. Briefing
    Volume: 68 Briefing: 911 Date: November 2019 Author Geraldine Scullion

    DLA's annual conference: "Disability in Society - the Law and the Lived Experience" Conference report - October 2019 Go direct to Briefing
27. Briefing
    Volume: 68 Briefing: 912 Date: November 2019 Author Rea Murray

    R (DA and Ors) v SSWP and R (DS and Ors) v SSWP SC finds that the revised housing benefit cap did not result in unlawful discrimination. The claimants had not entered any substantial challenge to the government's justification that the scheme would incentivise work Go direct to Briefing
28. Briefing
    Volume: 68 Briefing: 913 Date: November 2019 Author Stephen Heath

    J v K and Anderson v Turning Point Eespro CA gives some limited guidance in how to accommodate the needs of litigants with mental health problems. Taken together, the cases make clear that fairness depends on the particular circumstances of the case Go direct to Briefing
29. Briefing
    Volume: 68 Briefing: 914 Date: November 2019 Author Yavnik Ganguly

    Owen v AMEC Foster Wheeler Energy Ltd CA dismisses appeal on direct and indirect disability discrimination and failure to make reasonable adjustments. CA holds that it was correct to ascribe health risk to comparators in disability discrimination cases Go direct to Briefing
30. Briefing
    Volume: 68 Briefing: 915 Date: November 2019 Author Toby Vanhegan

    Forward v Aldwyck Housing Group Ltd CA considers whether to grant relief in a case where there had been an admitted breach of the s149 EA public sector equality duty Go direct to Briefing