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Briefing
Volume: 73 Briefing: 976 Date: July 2021 Author Elizabeth CleaverSeeking priority access to the Covid-19 vaccine for people with learning disabilities The complexity of public law challenges during the pandemic Go direct to Briefing
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Briefing
Volume: 73 Briefing: 977 Date: July 2021 Author Michael NewmanAsda Stores Ltd v Brierley and others SC upholds ET decision that Asda workers bringing equal pay claims can compare themselves with distribution warehouse colleagues Go direct to Briefing
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Briefing
Volume: 73 Briefing: 978 Date: July 2021 Author Jason BraierAll Answers Ltd v (1) W and (2) R CA overturns ET decision to consider whether the claimant's impairments had a long-term effect on the basis of the facts existing at the date of the preliminary hearing rather than the date of the alleged discriminatory acts Go direct to Briefing
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Briefing
Volume: 73 Briefing: 979 Date: July 2021 Author Claire PowellCommissioner of the City of London Police v Geldart CA overturns ET and EAT decision that a failure to pay London allowance to a police constable on maternity leave was direct sex discrimination Go direct to Briefing
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Briefing
Volume: 73 Briefing: 980 Date: July 2021 Author Michael PotterPage v The Lord Chancellor and the Lord Chief Justice CA confirms a magistrate's removal from office was lawful and involved no breach of his human rights. He had been removed because he declared publicly in cases involving adoption by same-sex couples, he would proceed, not on the law, but on his beliefs Go direct to Briefing
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Briefing
Volume: 73 Briefing: 981 Date: July 2021 Author Joshua YetmanFratila & Tanse v SSWP CA overturns HC decision and rules that EU nationals with pre-settled status are entitled to claim Universal Credit. Article 18 TFEU applies and entitles EU citizens with a right of residence to the same benefits as UK nationals Go direct to Briefing
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Briefing
Volume: 73 Briefing: 982 Date: July 2021 Author Changez KhanAllay (UK) Ltd v Gehlen EAT considers whether providing equal opportunities training was enough to avoid liability and to provide the employer with a defence under s109(4) EA Go direct to Briefing
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Briefing
Volume: 73 Briefing: 983 Date: July 2021 Author Katya HoskingsCummings v British Airways The EAT emphasises the need for clarity about the nature of the comparative exercise in indirect discrimination cases and the importance of specific evidence which enables the comparison to be carried out correctly Go direct to Briefing
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Briefing
Volume: 73 Briefing: 984 Date: July 2021 Author Matthew Manso de ZunigaPrice v Powys County Council EAT dismisses the claimant's appeal and confirms that there are material differences between a male employee on shared parental leave and a female employee on adoption leave Go direct to Briefing
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Briefing
Volume: 73 Briefing: 985 Date: July 2021 Authors Zoe Leventhal Emma FoubisterR (on the application of DMA, AHK, BK and ELN) & (R (on the application of AA) v Secretary of State for the Home Department HC finds that Secretary of State's approach to her duty to provide accommodation for destitute failed asylum seekers is unlawful, and constitutes disability discrimination, a breach of the duty to make reasonable adjustments and a breach of the PSED. Go direct to Briefing
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Briefing
Volume: 73 Briefing: 986 Date: July 2021 Authors Zoe Leventhal Emma FoubisterSH v Norfolk County Council HC finds the council's care charging policy to be unlawful and discriminates against severely disabled people who have higher care needs and face significant barriers to work Go direct to Briefing
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Briefing
Volume: 74 Briefing: 987 Date: November 2021 Author Geraldine ScullionEqual pay : the fight for equality requires tenacity and courage - the gender pay gap persists with the average median gap of all firms reporting to the EHRC in 2020/21 being 10.4% while particular groups of workers such as older women or Black African women, face an even bigger gap when compared with white British men Editorial Go direct to Briefing
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Briefing
Volume: 74 Briefing: 988 Date: November 2021 Authors Paula Lee Lara KennedySupreme Court’s decision in Asda Stores Ltd v Brierley [2021] UKSC 10 ‘Asda’ and the CJEU’s decision in K and others v Tesco Stores Ltd Review of the development of case law on the ‘common terms’ test under the Equal Pay Act 1970 (EPA) Go direct to Briefing
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Briefing
Volume: 74 Briefing: 989 Date: November 2021 Author Changez KhanCompulsory Covid-19 vaccination in the workplace: A moral maze? Should an employer be allowed to insist that its employees get a Covid-19 vaccine? There may properly be objections based on autonomy and human rights, but what is the discrimination law angle in all this? Go direct to Briefing
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Briefing
Volume: 74 Briefing: 990 Date: November 2021 Author John HoranImportant but underreported changes to the Civil Procedure Rules that will improve disabled and vulnerable people's experiences in the courts The government made a statutory instrument called the Civil Procedure (Amendment) Rules 2021 SI No 117 - these provisions amend the Civil Procedure Rules 1998 (CPR) so as to add the rights of vulnerable and disabled people to the overriding objective Go direct to Briefing
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Briefing
Volume: 74 Briefing: 991 Date: November 2021 Author Joshua YetmanCJ v Department of Communities for Northern Ireland CJEU confirms that the UK's refusal to award Universal Credit to EU nationals with pre-settled status is lawful but requires it to ensure refusals are compliant with the Charter of Fundamental Rights of the European Union Go direct to Briefing
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Briefing
Volume: 74 Briefing: 992 Date: November 2021 Author David StephensonRoyal Mail Group Ltd v Efobi SC upholds ET decision and confirms the two-stage test of the burden of proof; the ET had not erred in law when it did not draw adverse inferences from the employers failure to adduce evidence from the decision-makers who had dealt with the claimant's job Go direct to Briefing
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Briefing
Volume: 74 Briefing: 993 Date: November 2021 Author Adam Straw QCR (SC and others) v Secretary of State for Work and Pensions SC rejects an Article 14 challenge to the law limiting tax credit to two children Go direct to Briefing
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Briefing
Volume: 74 Briefing: 994 Date: November 2021 Author Yavnik GangulySteer v Stormsure CA rejects submissions that the absence of interim relief in discrimination claims arising from dismissal amounts to a breach of Article 14 ECHR. The court confirms the correct approach for considering potential breaches of Article 14 Go direct to Briefing
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Briefing
Volume: 74 Briefing: 995 Date: November 2021 Author David StephensonWisbey v Commissioner of the City of London Police CA clarifies the correct approach when considering remedies for unintentional indirect discrimination under ss124(4) and (5) EA, holding that the requirement to consider a declaration or recommendation before assessing compensation for injury to feelings Go direct to Briefing
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Briefing
Volume: 74 Briefing: 996 Date: November 2021 Authors Annie Powell Shriya SamaniS M Turani & H Marouf v SS Home Department CA holds that a UK resettlement scheme for third-party national refugees from Syria which excluded Palestinian nationals was justified as a proportionate means of achieving a legitimate aim Go direct to Briefing
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Briefing
Volume: 74 Briefing: 997 Date: November 2021 Author Catherine CasserleyMartin v City and County of Swansea EAT considers the breadth of the PCP in disability discrimination claims Go direct to Briefing
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Briefing
Volume: 74 Briefing: 998 Date: November 2021 Author Naomi CunninghamForstater v CGD Europe Ltd EAT overturns ET decision and finds that a belief that sex is immutable, whatever a person's stated gender identity or gender expression, is Grainger-compliant and is a protected belief under the EA Go direct to Briefing
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Briefing
Volume: 74 Briefing: 999 Date: November 2021 Author Mandy BhattalLondon Fire Commissioner & Others v Sargeant & Others EAT clarifies that a non-discrimination rule automatically overrides or replaces any discriminatory terms in a pension scheme Go direct to Briefing
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Briefing
Volume: 74 Briefing: 1000 Date: November 2021 Author Charlotte PettmanR (Rowley) v Minister for the Cabinet Office HC finds that the absence of any British sign language interpretation for two government briefings about the Covid-19 pandemic constituted discrimination and breach of the defendant's reasonable adjustments duty Go direct to Briefing
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Briefing
Volume: 63 Briefing: 849 Date: March 2018 Author Elaine BantonMichalak v General Medical Council and other; P v Commissioner for Police of the Metropolis; Ajayi Ayodele v CityLink Ltd & Napier; Galilee v The Commissioner of Police of The Metropolis Practice and Procedure Update Go direct to Briefing
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E-news
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Briefing
Volume: 59 Briefing: 805 Date: November 2016 Author Michael NewmanR v (on the application of Hunter) v Student Awards Agency for Scotland and others Court of Session upholds Article 14 age discrimination complaint in relation to the right to education, and a breach of the PSED when student was refused loan for living expenses because she exceeded the age limit set by the regulations Go direct to Briefing
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Briefing
Volume: 75 Briefing: 1001 Date: March 2022 Author Geraldine Scullion
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Briefing
Volume: 75 Briefing: 1002 Date: March 2022 Author Robin Allen QCMoral victory of the ‘Gay Cake Case’; the decision in Gareth Lee v UK, ECtHR Application no. 18860/19 European Court of Human Rights (ECtHR) declared Gareth Lee’s complaint of breaches of the European Convention on Human Rights (ECHR) in relation to treatment of his complaints of discrimination by Ashers Bakery and owners, the MacArthurs, was inadmissible Go direct to Briefing