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Briefing
Volume: 70 Briefing: 946 Date: July 2020 Author Sally RobertsonChief Constable of Gwent Police v Parsons & Roberts EAT upholds EU decision on discrimination arising in consequence of disability. The respondent had mistakenly interpreted the police regulations and failed to provide sufficient evidence to justify capping the voluntary exit payments Go direct to Briefing
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Briefing
Volume: 70 Briefing: 947 Date: July 2020 Author Preetika MathurDr R Heal v The Chancellor, Master and Scholars of the University of Oxford & Others EAT upholds ET decision that the tribunal was entitled to deal with a request to make an audio recording of proceedings (a disability-related reasonable adjustment) as a case management issue at a preliminary hearing Go direct to Briefing
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Briefing
Volume: 71 Briefing: 948 Date: November 2020 Authors Declan O'Dempsey Akua Reindorf Chris MilsomWhere now for the Public Health England COVID-19 Disparities Review? Possible avenues for a legal challenge to the government’s handling of the Public Health England review & report into Disparities in the risk and outcomes of COVID-19 in relation to racial disparity in the prevalence of & vulnerability to the disease Go direct to Briefing
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Briefing
Volume: 71 Briefing: 949 Date: November 2020 Authors Adam Straw Tayyiba BajwaJustifying Article 14 discrimination In recent years there has been a great deal of case law about what approach courts should take to determining the issue of justification, and the Supreme Court and Grand Chamber are due to consider this question in pending cases Go direct to Briefing
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Briefing
Volume: 71 Briefing: 950 Date: November 2020 Author Catherine CasserleyVL v Szpital Kliniczny im. dra J. Babińskiego & others CJEU Advocate General considers that Council Directive 78/2000/EC prohibits indirect discrimination between two workers with different disabilities Go direct to Briefing
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Briefing
Volume: 71 Briefing: 951 Date: November 2020 Author Megan GouldingBridges v CC South Wales Police & others CA finds that South Wales Police failed to fulfil its PSED in relation to its trial of facial recognition technology and holds that the police had not investigated whether its software had an unacceptable bias on grounds of race or sex Go direct to Briefing
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Briefing
Volume: 71 Briefing: 952 Date: November 2020 Author Toby VanheganLuton Community Housing Ltd v Durdana, McMahon v Watford BC and Kiefer v Hertsmere BC CA considers the PSED in an appeal by a local authority in a housing possession claim and two homelessness appeals Go direct to Briefing
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Briefing
Volume: 71 Briefing: 953 Date: November 2020 Authors Elaine Banton Joshua YetmanODonnell v Department for Communities CA holds that the provisions governing receipt of bereavement support payments in Northern Ireland resulted in unlawful indirect associative disability discrimination, and were incompatible with ECHR Article 14, read with Article 8 & Protocol 1 Article 1 Go direct to Briefing
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Briefing
Volume: 71 Briefing: 954 Date: November 2020 Author Sally RobertsonRobinson v DWP Discrimination arising from disability: a 'but for' test is not permissible; the unfavourable treatment must be because of the something arising from disability and that requires examination of the alleged discriminator's thought processes Go direct to Briefing
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Briefing
Volume: 71 Briefing: 955 Date: November 2020 Author Kate EgertonMorton v Eastleigh CAB CA rejects claimant's appeal against EJ's refusal of adjournment to obtain further medical reports. Respondent had conceded she was disabled; the tribunal had her witness evidence, contemporaneous medical records and a report by an occupational therapist Go direct to Briefing
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Briefing
Volume: 71 Briefing: 956 Date: November 2020 Author Claire PowellDWP v Boyers EAT overturns ET decision that the DWP was not justified in its decision to dismiss a disabled employee who was on long-term absence for ill health Go direct to Briefing
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Briefing
Volume: 71 Briefing: 957 Date: November 2020 Author Yavnik GangulyHill v Lloyds Bank EAT upholds ET decision that the employer should provide the reasonable adjustment of an undertaking to an employee for an indefinite period of time. Go direct to Briefing
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Briefing
Volume: 71 Briefing: 958 Date: November 2020 Authors Elaine Banton Joshua YetmanFratila and Tanase v Secretary of State for Work and Pensions High Court dismisses challenge to rules which deny entitlement to Universal Credit to claimants with pre-settled status under the EU Settlement Scheme Go direct to Briefing
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Briefing
Volume: 71 Briefing: 959 Date: November 2020 Author Rea MurrayR (Lorraine Cox) v Department for Communities and Secretary of State for Work and Pensions High Court holds that the effect of the legislative definition of terminal illness amounted to unlawful discrimination against the claimant and had not been justified Go direct to Briefing
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Briefing
Volume: 71 Briefing: 960 Date: November 2020 Author Tessa BuchananStephen Tyler v Paul Carr Birmingham County Court declares that the defendant estate agent had unlawfully indirectly discriminated against the claimant by applying to him the PCP of refusing to consider applicants in receipt of Housing Benefit Go direct to Briefing
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Briefing
Volume: 72 Briefing: 961 Date: March 2021 Author Jacqueline McKenzieA critique of the Windrush Lessons Learned Review published on 19 March 2020 In the author's opinion, the Home Office’s handling of the Windrush generations’ right to live and work in the UK sits squarely within a discourse of ideology, race and discrimination Go direct to Briefing
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Briefing
Volume: 72 Briefing: 962 Date: March 2021 Authors Robin Allen QC Dee MastersArtificial Intelligence and the risk of discrimination in the workplace Equality lawyers must not underestimate the seismic changes coming from the increased use of AI and related technologies in the workplace however existing law can protect employees & the EA is particularly well suited to tackling discriminatory algorithms Go direct to Briefing
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Briefing
Volume: 72 Briefing: 963 Date: March 2021 Author Catherine CasserleyVL v Szpital Kliniczny im. dra J. Babińskiego, Samodzielny Publiczny Zakład Opieki Zdrowotnej w Krakowie CJEU holds that the principle of equal treatment enshrined in Directive 2000/78/EC is intended to protect a worker who has a disability against any discrimination on the basis of that disability Go direct to Briefing
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Briefing
Volume: 72 Briefing: 964 Date: March 2021 Author Rea MurrayR (on the application of Z and another) v Hackney London Borough Council and another SC finds the policy of restricting the provision of housing stock to members of the Orthodox Jewish Community to be lawful Go direct to Briefing
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Briefing
Volume: 72 Briefing: 965 Date: March 2021 Author Henrietta Hill QCDelve & Glynn v Secretary of State for Work and Pensions CA upholds first-instance decision 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 Go direct to Briefing
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Briefing
Volume: 72 Briefing: 966 Date: March 2021 Author Ayisha AkamoHeskett v Secretary of State for Justice CA considers the extent to which costs can justify discriminatory action. Whilst costs alone cannot justify discriminatory action, the combination of costs and another factor eg absence of means, can be a legitimate aim justifying indirect discrimination Go direct to Briefing
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Briefing
Volume: 72 Briefing: 967 Date: March 2021 Author Yavnik GangulySteer v Stormsure Ltd EAT dismisses arguments that the absence of interim relief for discrimination/victimisation dismissal claims amounts to a breach of EU law. The EAT confirms that the absence of interim relief for such claims amounts to a breach of the ECHR Go direct to Briefing
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Briefing
Volume: 72 Briefing: 968 Date: March 2021 Author Lara KennedySullivan v Bury Street Capital Ltd EAT upholds the ET decision that an employee who suffered paranoid delusions was not disabled because although these had a substantial adverse effect, they were not long-term as they were unlikely to last at least 12 months or recur Go direct to Briefing
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Briefing
Volume: 72 Briefing: 969 Date: March 2021 Authors Matthew Manso de Zuniga Daniel ZonaRyan v South West Ambulance Services NHS Trust EAT allows the claimant's appeal and affirms that the statutory test for indirect discrimination requires correspondence between the group and individual disadvantage Go direct to Briefing
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Briefing
Volume: 72 Briefing: 970 Date: March 2021 Authors Lara Kennedy Tariro NyokaChief Constable of Devon and Cornwall v Town EAT rules on whether transferring a pregnant officer from a frontline role to an office-based role amounts to discrimination under ss18 and 19 EA Go direct to Briefing
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Briefing
Volume: 72 Briefing: 971 Date: March 2021 Author Robyn TaylorCornerstone (North East) Adoption and Fostering Service v Office for Standards in Education, Childrens Services and Skills HC holds that an adoption and fostering agency's recruitment policy which only accepts heterosexual evangelical Christians as the potential carers of fostered children is unlawful discrimination in breach of ss19 EA on grounds of sexual orientation Go direct to Briefing
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Briefing
Volume: 72 Briefing: 972 Date: March 2021 Authors Robin Moira White Sioban CalcottTaylor v Jaguar Land Rover Limited ET upholds discrimination claim on grounds of the protected characteristic of gender reassignment which was brought by an employee who characterised herself as gender fluid or non-binary. Go direct to Briefing
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Briefing
Volume: 73 Briefing: 973 Date: July 2021 Author Geraldine Scullion
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Briefing
Volume: 73 Briefing: 974 Date: July 2021 Author Oliver LawrenceThe Sewell report and the meaning of institutional racism Exploring the meaning of the term and the ambiguities within it in order to clarify the findings of the report and the controversy it created Go direct to Briefing
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Briefing
Volume: 73 Briefing: 975 Date: July 2021 Author Naomi CunninghamThe Higher Education (Freedom of Speech) Bill Higher Education (Freedom of Speech) Bill aims to ‘make provision in relation to freedom of speech & academic freedom in higher education institutions & students’ unions’, if enacted, may have unintended adverse effects on human rights of staff & students Go direct to Briefing