The Upper Tribunal gives guidance on the burden of proof in s.15 disability discrimination claims – 3PB

‘The Upper Tribunal has once again taken the First Tier Tribunal firmly by the shoulders and given it a thorough lesson in how to handle Equality Act 2010 claims properly.’

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3PB, 12th March 2025

Source: www.3pb.co.uk

Reasonable accommodation for disabled university students: University of Bristol v Dr Robert Abrahart [2024] EWHC 299 (KB) – Legal Studies

‘Natasha Abrahart was a physics student at the University of Bristol. She was suffering from depression and social anxiety disorder, which seriously impacted her ability to partake in oral assessments. Eventually, Natasha sadly took her own life. Her father, Dr Robert Abrahart, as personal representative and estate administrator, sued the University of Bristol for negligence and breach of sections 15, 19 and 20 of the Equality Act 2010, read with section 91(2)(a) and/or (f) of the same Act. Under such provisions, universities have a duty to provide reasonable adjustments and support, in educational provision and assessments, to disabled students, defined by section 6(1) of the Equality Act 2010 as ‘a physical or mental impairment’ which has ‘a substantial and long-term adverse effect’ on the ability to ‘carry out normal day-to-day activities’. However, Schedule 13, para 4(2), to the Equality Act 2010 exempts those assessments which constitute a competency standard, defined as ‘an academic, medical or other standard applied for the purpose of determining whether or not a person has a particular level of competence or ability’.’

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Legal Studies, 7th February 2025

Source: www.cambridge.org

What does a recent Court of Appeal ruling on the case of a sacked Christian school worker mean for businesses? – Kingsley Napley Employment Law Blog

‘Eugenie Freeman and Emily Halcrow explain how an employee’s right to their beliefs can be balanced against an employer’s duty to prevent discrimination.’

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Kingsley Napley Employment Law Blog, 20th March 2025

Source: www.kingsleynapley.co.uk

High Court rejects claims of “combined duty” on council to operate system that ensures provision of same-sex personal care – Local Government Lawyer

‘The High Court has dismissed a judicial review application brought on behalf of a young woman with severe disabilities in relation to the local council’s provision of same-sex personal and intimate care for women service users.’

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Local Government Lawyer, 17th March 2025

Source: www.localgovernmentlawyer.co.uk

Assessing Quantum in Discrimination Cases: An Analysis of the Vento bands – Becket Chambers

‘Claims for discrimination are largely covered by the Equality Act 2010, the two most common forms of discrimination being direct and indirect. Direct discrimination is defined in the Act as one person treating another less favourably than he would others due to a protected characteristic (those characteristics being defined as age, disability, gender reassignment, marriage and civil partnership, religion or belief, sex, sexual orientation or pregnancy and maternity), whilst indirect discrimination is defined as a person applying a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of another. Generally, the primary outcome of discrimination (direct or indirect) is injury to feelings to the person who has been discriminated against.

The question which arises when a claim is made for injury to feelings as a result of discrimination is how damages can be quantified, given its non-tangible nature. How can I make a claim for my feelings being hurt and, if successful, what could I be awarded?’

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Becket Chambers, 11th March 2025

Source: becket-chambers.co.uk

Tribunal sends message over sexual harassment at the Bar – Legal Futures

‘Sexual harassment at the Bar that “might have been tolerated and even expected in the past is no longer acceptable”, a disciplinary tribunal has said – but “regrettably, such behaviour is still widespread”.’

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Legal Futures, 14th March 2025

Source: www.legalfutures.co.uk

McDonald’s franchises told to tackle sexual harassment or face regulator action – The Independent

Posted March 14th, 2025 in employment, equality, harassment, news by sally

‘Owners of McDonald’s franchises in the UK have been told they could face legal action if they fail to take steps to protect workers from sexual abuse.’

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The Independent, 14th March 2025

Source: www.independent.co.uk

Tribunal rejects ex-Met officer’s ‘numpty’ discrimination claim – The Guardian

‘A long-serving Metropolitan police sergeant has failed in his attempt to sue the force for discrimination because a more senior officer called him a “numpty”.’

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The Guardian, 13th March 2025

Source: www.theguardian.com

Top City watchdogs drop new diversity and inclusion rules for firms – The Guardian

‘The City’s top two regulators have said they will not bring in new diversity and inclusion rules for financial firms because they want to avoid imposing extra “regulatory burdens” and costs, in the latest sign of a retreat from efforts to help underrepresented groups.’

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The Guardian, 12th March 2025

Source: www.theguardian.com

Magistrate’s employment tribunal claim over ‘minor incident’ dismissed – Law Society’s Gazette

‘A magistrate who “escalated out of all proportion” a minor incident has had her employment tribunal claims of discrimination, harassment and victimisation dismissed.’

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Law Society's Gazette, 12th March 2025

Source: www.lawgazette.co.uk

Council agrees to improve voting accessibility for blind voters after settling legal challenge – Local Government Lawyer

‘Croydon Council has agreed to make reasonable adjustments for visually impaired people at future elections, after settling a legal challenge.’

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Local Government Lawyer, 11th March 2025

Source: www.localgovernmentlawyer.co.uk

Sentencing body defends changes after ‘two-tier’ row – BBC News

‘The body advising judges on criminal sentences has hit back at the justice secretary’s call for it to scrap new guidance on sentencing offenders from ethnic monitories.’

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BBC News, 10th March 2025

Source: www.bbc.co.uk

Justice secretary set for showdown with judges over sentencing guidelines – The Independent

‘Justice secretary Shabana Mahmood is set for a confrontation with the Sentencing Council later this week after they wrote to her warning her against “dictating” to judges over new measures which she fears will create a “two tier” legal system.’

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The Independent, 10th March 2025

Source: www.independent.co.uk

Lauren Fullerton and Arran Dowling-Hussey look at one of the most significant special educational needs and disabilities (SEND) cases from 2024 – 4-5 Gray’s Inn Square

‘Lauren Fullerton and Arran Dowling-Hussey look at one of the most significant special educational needs and disabilities (SEND) cases from 2024.’

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4-5 Gray's Inn Square, 7th March 2025

Source: www.4-5.co.uk

Black barristers face a “concrete ceiling”, says BBN chair – Legal Futures

Posted March 10th, 2025 in barristers, diversity, equality, king's counsel, minorities, news, remuneration by sally

‘The focus on access to the Bar in equality, diversity and inclusion (EDI) efforts is “low-hanging fruit” that ignores the bigger problem of progression, the chair of the Black Barristers Network said last week.’

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Legal Futures, 10th March 2025

Source: www.legalfutures.co.uk

Court of Appeal rejects appeal over permanent exclusion, warns undue focus on public sector equality duty may risk ‘over-legalising’ decision-making process – Local Government Lawyer

‘The Court of Appeal has dismissed an appeal brought on behalf of a 15-year-old boy, rejecting the submission that the decision to permanently exclude him from school was unlawful because the headteacher “failed to comply with the public sector equality duty (PSED)”.’

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Local Government Lawyer, 6th March 2025

Source: www.localgovernmentlawyer.co.uk

Mahmood to review Sentencing Council’s powers amid ‘two-tier’ justice row – The Guardian

‘Shabana Mahmood has ordered a review of the powers of the independent body that draws up judges’ sentencing guidelines in England and Wales following claims that new rules discriminate against white men.’

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The Guardian, 6th March 2025

Source: www.theguardian.com

‘They suffer in silence’: case of serial rapist Zhenhao Zou highlights barriers to justice for east Asian women in UK – The Guardian

‘When asked if she was surprised that most of the victims of Zhenhao Zou, who could be one of Britain’s worst serial rapists, remained unknown to authorities, Viny Poon, who has spent the past decade supporting east Asian women in the UK, simply said: “No.” Zou, a 28-year-old PhD student, was convicted on Wednesday of drugging and raping 10 women in London and China. After recovering videos of Zou attacking a further 50 women, police have said this could be one of the worst cases of sexual violence in modern Britain. All of Zou’s victims are thought to be of Chinese heritage.’

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The Guardian, 6th March 2025

Source: www.theguardian.com

Ministers criticise ‘two-tier’ sentencing changes in England and Wales – The Guardian

‘Ministers have criticised plans to make the ethnic background of offenders a greater factor in determining whether to jail them, saying they amounted to a “two-tier system” of justice.’

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The Guardian, 6th March 2025

Source: www.theguardian.com

The UK Government and defining “Islamophobia” – Law & Religion UK

‘The Government has established a new working group to produce a “working definition” of Anti-Muslim Hatred and Islamophobia. It will advise government on how best to understand, quantify and define prejudice, discrimination, and hate crime targeted against Muslims.’

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Law & Religion UK, 5th March 2025

Source: lawandreligionuk.com