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Briefing
Volume: 68 Briefing: 916 Date: November 2019 Author Michael ReedL v Q Ltd CA overturns ET's decision not to publish its judgment on the ET's online register of decisions. The principle of open justice requires publication of judgments Go direct to Briefing
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Briefing
Volume: 68 Briefing: 917 Date: November 2019 Author Sally RobertsonChief Constable of Norfolk v Coffey CA upholds ET's decision that the claimant had been subjected to direct perceived disability discrimination. A claimant who is perceived to have a progressive condition is to be treated as disabled within the meaning of s13 EA Go direct to Briefing
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Briefing
Volume: 68 Briefing: 918 Date: November 2019 Author Margherita CornagliaR (ASK) & R (MDA) v Secretary of State for the Home Department & Ors CA holds that the SSHD failed in her duty to make reasonable adjustments to the immigration detention decision-making processes which failed to provide mentally-ill detainees with assistance to understand or make representations on decisions to detain Go direct to Briefing
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Briefing
Volume: 68 Briefing: 919 Date: November 2019 Author Kim CrangleMart v Assessment Services Ltd EAT upholds ET's decision that an employees visual impairment was not a disability for the purpose of the EA, despite her (unpleaded) claim that she suffered some side effects from wearing contact lens Go direct to Briefing
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Briefing
Volume: 68 Briefing: 920 Date: November 2019 Author Doreen ReevesAston v Martlett Group EAT lays down the legal test for the scope of protection of s108(a) EA and overturns the ET's decision which had been wrong to treat itself bound by a finding made at a preliminary hearing and had erred in dismissing the claim under s15 EA Go direct to Briefing
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Briefing
Volume: 68 Briefing: 921 Date: November 2019 Author Rosalee Dorfman MohajerR (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department; Interveners: (1) Residential Landlords Association (2) Equality and Human Rights Commission (3) Liberty High Court declares that the right-to-rent scheme in ss 20 - 37 of the Immigration Act 2014 is incompatible with Articles 8 and 14 ECHR as it causes unjustifiable discrimination on the basis of ethnicity and nationality Go direct to Briefing
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Briefing
Volume: 69 Briefing: 922 Date: March 2020 Author Catherine CasserleyBelief: a new frontier or the same thing re-packaged? Recent case law on philosophical belief - has anything really changed and how such claims under s10 of the Equality Act 2010 might be approached in the future Go direct to Briefing
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Briefing
Volume: 69 Briefing: 923 Date: March 2020 Author Declan O'DempseyJustifying age discrimination - recent developments Recent case law developments in the field of age discrimination, concentrating mainly on developments concerning direct age discrimination justification, and the continuing development of the "cost plus" justification argument Go direct to Briefing
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Briefing
Volume: 69 Briefing: 924 Date: March 2020 Authors Ryan Bradshaw Paige JonesJD & A v UK European Court of Human Rights ECtHR considers the ability of a national government to justify acts of discrimination and finds that the UK's bedroom tax policy unlawfully discriminated against women at risk of domestic violence Go direct to Briefing
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Briefing
Volume: 69 Briefing: 925 Date: March 2020 Author Claire PowellNH v Associazione Avvocatura per i diritti LGBTI Advocate General Sharpston concludes that remarks made by a senior lawyer in the course of a radio interview could constitute unlawful discrimination as defined in the Equal Treatment Framework Directive 2000/78/EC Go direct to Briefing
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Briefing
Volume: 69 Briefing: 926 Date: March 2020 Author Simon CuthbertSafeway Ltd v Newton CJEU holds that a pension scheme and female members pension entitlement could not be retroactively changed to prevent discrimination between women and men Go direct to Briefing
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Briefing
Volume: 69 Briefing: 927 Date: March 2020 Author Lara KennedyGilham v Ministry of Justice SC holds that a district judge is entitled to claim whistle-blower protection as an officeholder despite not being a worker under the ERA 1996 Go direct to Briefing
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Briefing
Volume: 69 Briefing: 928 Date: March 2020 Author Megan RothmanBase Childrenswear Limited v Otshudi CA considers the issue of inferences and the shifting burden of proof. It holds that if an employer lies, albeit in good faith, about the reason for dismissal then that will be enough to shift the burden of proof in a discrimination case Go direct to Briefing
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Briefing
Volume: 69 Briefing: 929 Date: March 2020 Author Henrietta Hill QCColleridge Bessong v Pennine Care NHS Foundation Trust EAT holds that s26(1) EA 2010 cannot be interpreted to impose liability on an employer for third-party harassment against employees Go direct to Briefing
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Briefing
Volume: 69 Briefing: 930 Date: March 2020 Author Nina KhuffashBadara v Pulse Healthcare Limited EAT upholds indirect discrimination complaint, finding that the employer was not entitled to rely on a negative right to work check notice from the Home Office in relation to an EEA family member employee Go direct to Briefing
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Briefing
Volume: 69 Briefing: 931 Date: March 2020 Author Emma SatyamurtiParnaby v Leicester City Council EAT overturns ET decision that the effects of a former employee's work-related stress were not long-term because they improved following his dismissal Go direct to Briefing
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Briefing
Volume: 69 Briefing: 932 Date: March 2020 Author Sally RobertsonRaj v Capita Business Services Ltd & Ward ET rejected part of employer's explanation for a female manager massaging a male subordinates shoulders. EAT held it would have been correct to decide there were no facts from which it could conclude that the unwanted conduct related to the claimant's sex Go direct to Briefing
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Briefing
Volume: 69 Briefing: 933 Date: March 2020 Author Michael ReedJakkhu v Network Rail Infrastructure Ltd EAT upholds claimant's appeal and finds that the EU had mistakenly concluded that a dismissal which was later reversed could not found a discrimination claim Go direct to Briefing
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Briefing
Volume: 69 Briefing: 934 Date: March 2020 Author Henrietta Hill QCR (on the application of Delve) v Secretary of State for Work and Pensions Administrative Court rules that pensions legislation which equalised the pension age for men and women was not discriminatory against women on grounds of age, sex or age and sex; the women had not received inadequate notice of the changes Go direct to Briefing
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Briefing
Volume: 70 Briefing: 935 Date: July 2020 Authors Catherine Casserley Chris FryThe Coronavirus Act 2020 and its impact on disabled people The implications for disabled people of the Coronavirus Act 2020 and the government’s response to the pandemic Go direct to Briefing
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Briefing
Volume: 70 Briefing: 936 Date: July 2020 Author Stephen HeathVegan discrimination in eating disorder units The complexity of balancing the therapeutic aims of providing non-vegan nutrition to patients whose veganism is a protected belief and who consider that such treatment is unlawful discrimination or a breach of their human rights Go direct to Briefing
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Briefing
Volume: 70 Briefing: 937 Date: July 2020 Authors Henrietta Hill QC Simon CuthbertSex discrimination and pension equalisation Legal principles applicable to equality between men and women in pension provision and the courts’ apparently contradictory decisions in recent pensions equalisation cases Go direct to Briefing
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Briefing
Volume: 70 Briefing: 938 Date: July 2020 Author Simon CuthbertSafeway Ltd v Newton CJEU holds that a pension scheme and female members' pension entitlement could not be retroactively changed to prevent discrimination between women and men Go direct to Briefing
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Briefing
Volume: 70 Briefing: 939 Date: July 2020 Author Claire PowellNH v Associazione Avvocatura per i diritti LGBTI - Rete Lenford CJEU confirms that comments made in a radio interview can constitute discrimination under the Equal Treatment Framework Directive 2000/78; the connection between the comments and potential employment must be more than hypothetical Go direct to Briefing
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Briefing
Volume: 70 Briefing: 940 Date: July 2020 Authors Marc Willers QC Tessa BuchananLondon Borough of Bromley CA dismisses a local authority's appeal against High Court refusal to grant a borough-wide injunction which would prevent unauthorised encampments in its area and gives guidance on borough-wide injunctions Go direct to Briefing
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Briefing
Volume: 70 Briefing: 941 Date: July 2020 Authors Zoe Johannes Paige JonesAlfred McConnell & YY v Registrar General for E&W; SS Health and Social Care; Minister for Women and Equalities; SS Home Dept & Aire Centre CA upholds HC ruling that the decision to require a trans man who gave birth to his son to register as mother on the birth certificate is lawful under the Gender Recognition Act 2004 Go direct to Briefing
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Briefing
Volume: 70 Briefing: 942 Date: July 2020 Authors Ryan Bradshaw Claudia AlmeidaChief Constable of Leicestershire v Hextall; Ali v Capita Customer Management CA holds that it is neither discriminatory nor a breach of the equal pay sex equality clause for employers not to pay male employees enhanced shared parental pay at the same level as any enhanced maternity pay they offer to female employees Go direct to Briefing
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Briefing
Volume: 70 Briefing: 943 Date: July 2020 Author Yavnik GangulyIshola v Transport for London CA dismisses claimants submissions that all actions or decisions by an employer remediable by a reasonable adjustment qualify as a PCP. Simler LJ provides analysis on when one-off acts or decisions by employers can qualify as PCPs Go direct to Briefing
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Briefing
Volume: 70 Briefing: 944 Date: July 2020 Author Jonathan BoyleSSHD v JCWI and others CA overturns HC decision and holds that the right-to-rent scheme is a proportionate means of achieving its legitimate aim of deterring illegal immigration Go direct to Briefing
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Briefing
Volume: 70 Briefing: 945 Date: July 2020 Author Shereen BroganRoyal Bank of Scotland PLC v AB EAT accepts ET's finding that RBS failed to make reasonable adjustments in a claim for psychiatric injury caused by the employers discriminatory actions. However, it found that the ET had misapplied s1(2) of the Mental Capacity Act 2005 Go direct to Briefing