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  1. Briefing
    Volume: 70 Briefing: 946 Date: July 2020 Author Sally Robertson
    Chief 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
  2. Briefing
    Volume: 70 Briefing: 947 Date: July 2020 Author Preetika Mathur
    Dr 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
  3. Briefing
    Volume: 71 Briefing: 948 Date: November 2020 Authors Declan O'Dempsey Akua Reindorf Chris Milsom
    Where 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
  4. Briefing
    Volume: 71 Briefing: 949 Date: November 2020 Authors Adam Straw Tayyiba Bajwa
    Justifying 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
  5. Briefing
    Volume: 71 Briefing: 950 Date: November 2020 Author Catherine Casserley
    VL 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
  6. Briefing
    Volume: 71 Briefing: 951 Date: November 2020 Author Megan Goulding
    Bridges 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
  7. Briefing
    Volume: 71 Briefing: 952 Date: November 2020 Author Toby Vanhegan
    Luton 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
  8. Briefing
    Volume: 71 Briefing: 953 Date: November 2020 Authors Elaine Banton Joshua Yetman
    ODonnell 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
  9. Briefing
    Volume: 71 Briefing: 954 Date: November 2020 Author Sally Robertson
    Robinson 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
  10. Briefing
    Volume: 71 Briefing: 955 Date: November 2020 Author Kate Egerton
    Morton 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
  11. Briefing
    Volume: 71 Briefing: 956 Date: November 2020 Author Claire Powell
    DWP 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
  12. Briefing
    Volume: 71 Briefing: 957 Date: November 2020 Author Yavnik Ganguly
    Hill 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
  13. Briefing
    Volume: 71 Briefing: 958 Date: November 2020 Authors Elaine Banton Joshua Yetman
    Fratila 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
  14. Briefing
    Volume: 71 Briefing: 959 Date: November 2020 Author Rea Murray
    R (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
  15. Briefing
    Volume: 71 Briefing: 960 Date: November 2020 Author Tessa Buchanan
    Stephen 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
  16. Briefing
    Volume: 72 Briefing: 961 Date: March 2021 Author Jacqueline McKenzie
    A 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
  17. Briefing
    Volume: 72 Briefing: 962 Date: March 2021 Authors Robin Allen QC Dee Masters
    Artificial 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
  18. Briefing
    Volume: 72 Briefing: 963 Date: March 2021 Author Catherine Casserley
    VL 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
  19. Briefing
    Volume: 72 Briefing: 964 Date: March 2021 Author Rea Murray
    R (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
  20. Briefing
    Volume: 72 Briefing: 965 Date: March 2021 Author Henrietta Hill QC
    Delve & 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
  21. Briefing
    Volume: 72 Briefing: 966 Date: March 2021 Author Ayisha Akamo
    Heskett 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
  22. Briefing
    Volume: 72 Briefing: 967 Date: March 2021 Author Yavnik Ganguly
    Steer 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
  23. Briefing
    Volume: 72 Briefing: 968 Date: March 2021 Author Lara Kennedy
    Sullivan 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
  24. Briefing
    Volume: 72 Briefing: 969 Date: March 2021 Authors Matthew Manso de Zuniga Daniel Zona
    Ryan 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
  25. Briefing
    Volume: 72 Briefing: 970 Date: March 2021 Authors Lara Kennedy Tariro Nyoka
    Chief 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
  26. Briefing
    Volume: 72 Briefing: 971 Date: March 2021 Author Robyn Taylor
    Cornerstone (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
  27. Briefing
    Volume: 72 Briefing: 972 Date: March 2021 Authors Robin Moira White Sioban Calcott
    Taylor 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
  28. Briefing
    Volume: 73 Briefing: 973 Date: July 2021 Author Geraldine Scullion
    Defining terms and tackling racism Editorial Go direct to Briefing
  29. Briefing
    Volume: 73 Briefing: 974 Date: July 2021 Author Oliver Lawrence
    The 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
  30. Briefing
    Volume: 73 Briefing: 975 Date: July 2021 Author Naomi Cunningham
    The 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