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Briefing
Volume: 77 Briefing: 1034 Date: November 2022 Author Samantha ProsserDWP v Boyers [2022] EAT 761 - June 15, 2022 Assessing the proportionality of dismissal decisions under s15 EA Go direct to Briefing
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Briefing
Volume: 77 Briefing: 1035 Date: November 2022 Author Colin DavidsonMr H Ahmed v Department for Work and Pensions [2022] EAT 107; July 14, 2022 EAT emphases importance of focusing on alleviating disadvantage through adjustments to absence management procedures and assessing the consequence of a claimant’s disability in light of Risby Go direct to Briefing
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Briefing
Volume: 77 Briefing: 1036 Date: November 2022 Authors Will Frost Charlotte PettmanSami v Avellan; Sami v NanoAvionics UK Ltd (1), Nanoavionika UAB t/a Nanoavionika LLC (2), Ast & Science LLC (3) - [2022] EAT 72; May 17, 2022 EAT overturns deposit orders in race discrimination claim, finding that the ET applied too low a threshold and ordered them without having a proper basis Go direct to Briefing
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E-news
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E-news
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E-news
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E-news
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Briefing
Volume: 78 Briefing: 1037 Date: March 2023 Author Geraldine ScullionHard won rights threatened with disappearance into the sunset The Bill’s purpose is to automatically revoke most retained EU law i.e. EU law as it applied to the UK at the end of the Brexit transition period; it will ‘sunset’ much of this law by December 31, 2023, unless an active decision is taken to retain it Go direct to Briefing
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Briefing
Volume: 78 Briefing: 1038 Date: March 2023 Author Laurene VealeReligious discrimination and workplace clothing policies: consistency, comparators, and some persisting confusion? Recent decision of the Court of Justice of the European Union (CJEU) in LF v SCRL C-344/20 [2022] ECLI:EU:C:2022:774, October 13, 2022 A Belgian company’s refused to hire a woman because she was not willing to remove her headscarf at work - the author argues that the CJEU’s finding that the employer’s exclusionary clothing policy was not direct discrimination is unsatisfactory Go direct to Briefing
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Briefing
Volume: 78 Briefing: 1039 Date: March 2023 Author Tom MoorePotential impact of the Retained EU Law (Revocation and Reform) Bill on UK discrimination law The Bill could have a massive impact on anti-discrimination law and lead to a significant loss of protections Go direct to Briefing
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Briefing
Volume: 78 Briefing: 1040 Date: March 2023 Author Carolin OttR (on the application of TP & Ors) (TP and AR No.3) v Secretary of State for Work and Pensions CA refuses SSWP’s application for permission to appeal thereby confirming that the Universal Credit implementation scheme discriminated against severely disabled people contrary to Article 14 read with Article 1 Protocol 1 ECHR Go direct to Briefing
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Briefing
Volume: 78 Briefing: 1041 Date: March 2023 Authors Marc Willers KC Tessa BuchananSmith v Secretary of State for Levelling Up, Housing and Communities & Ors CA finds that the government’s planning policy definition of Gypsies and Travellers is unlawful - the impact of the definition, which the government admitted was discriminatory, was not justified. Go direct to Briefing
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Briefing
Volume: 78 Briefing: 1042 Date: March 2023 Author Alice RamsayG Ellis v K Bacon and Ors EAT overturns ET’s finding of marital status discrimination and holds that ET failed to construct the appropriate hypothetical comparator when considering whether various acts of less favourable treatment were because of a person being married Go direct to Briefing
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Briefing
Volume: 78 Briefing: 1043 Date: March 2023 Author Colin DavidsonBathgate v Technip UK Ltd and Ors EAT considers whether the EA allows parties to settle future claims of which they are not aware at the time of an agreement under a general waiver Go direct to Briefing
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Briefing
Volume: 78 Briefing: 1044 Date: March 2023 Author Gemma GrantScottish Federation of Housing Associations v Polly Jones The EAT holds that s108(4) of the Employment Rights Act 1996 did not apply to the claimant’s dismissal following her employer’s refusal of her request to stand for parliamentary election where her contract contained a political neutrality clause Go direct to Briefing
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Briefing
Volume: 78 Briefing: 1045 Date: March 2023 Author Katya HoskingJ Hilaire v Luton Borough Council EAT holds that the requirement to participate in an interview could in principle have placed the claimant at a substantial disadvantage because of his depression Go direct to Briefing
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Briefing
Volume: 78 Briefing: 1046 Date: March 2023 Author Yaade JobaField v Steve Pye And Co. (Kl) Limited The EAT stresses the importance of the statutory reversal of the burden of proof under s136 EA and provides guidance on the correct approach for ETs considering the burden of proof in discrimination claims Go direct to Briefing
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Briefing
Volume: 78 Briefing: 1047 Date: March 2023 Author Zoe BantlemanAAA and Ors v Secretary of State for the Home Department HC finds that the government’s plan to involuntarily relocate persons seeking asylum in the UK to Rwanda is lawful. For eight individual claimants, the implementation was ‘flawed’; the decisions were quashed and must be re-made by the Home Secretary Go direct to Briefing
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Practitioner group meetings