Black hair discrimination must be banned, equalities watchdog told – The Independent

Posted October 21st, 2021 in education, equality, news, race discrimination, sport by sally

‘A group of parliamentarians, organisations and writers have urged the Equality and Human Rights Commission to ban hair discrimination in schools, places of work and wider society across the UK.’

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The Independent, 20th October 2021

Source: www.independent.co.uk

‘Right to request’ flexible work not granted for half of UK’s working mothers – The Guardian

Posted October 15th, 2021 in employment, equality, families, flexible working, news, sex discrimination, statistics, women by tracey

‘Half of the UK’s working mothers do not get the flexibility they ask for, while those that do work flexibly face discrimination, according to a survey.’

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The Guardian, 15th October 2021

Source: www.theguardian.com

Martin v City and County of Swansea – Equality Law Blog

Posted October 14th, 2021 in disability discrimination, employment tribunals, equality, news by sally

‘The decision of the EAT in this case provides a useful reminder of the proper approach to the PCP in reasonable adjustment claims. EAT (judge James Tayler, sitting alone) ruled that an employment tribunal had erred in law in rejecting the claimant’s attempt to rely on, as a PCP, a Management of Absence Policy which included discretion which would have permitted, amongst other steps, the claimant’s redeployment to an alternative role. The Tribunal had ruled that the application of the policy to the claimant did not constitute the application of a PCP that placed her at a substantial disadvantage in comparison with non-disabled persons.’

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Equality Law Blog, 13th October 2021

Source: equalitylawblog.com

New Judgment: Anwar v The Advocate General for Scotland (representing the Secretary of State for Business, Energy and Industrial Strategy) (Scotland) [2021] UKSC 44 – UKSC Blog

‘The Supreme Court unanimously dismissed this appeal concerning the petition for judicial review against the Department for Business, Energy and Industrial Strategy for failure to provide effective interim protection for successful workplace discrimination and harassment claims, in breach of EU law.’

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UKSC Blog, 13th October 2021

Source: ukscblog.com

R (Rowley) v Minister for the Cabinet Office – Equality Law Blog

‘In this case the High Court (Fordham J) ruled that the respondent had discriminated against the claimant, who was profoundly deaf, by failing to provide of British sign language (“BSL”) interpreters for Government live briefings to the public about the Covid-19 pandemic on 21 September 2020 and 12 October 2020. The claimant challenged the failures on those occasions and also sought to challenge the respondent’s continuing refusal to use “on-platform” as distinct from “in-screen” BSL interpreters for briefings. The claimant sought to establish failures of the PSED imposed by s149 of the Equality Act 2010 in respect of the defendant’s ongoing approach to briefings, as well as failures of the duty to make reasonable adjustments imposed by ss20 and 29(7)(a) of the Act. The PSED claim failed as did the reasonable adjustment challenge to ongoing (“in-screen” BSL) briefings. The decision includes a comprehensive discussion of the leading authorities on disability discrimination in the context of services/public authorities.’

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Equality Law Blog, 13th October 2021

Source: equalitylawblog.com

Blood donation rules changed to attract more donors with rare subgroups – The Guardian

‘Ministers will remove questions on sexual activity in sub-Saharan Africa for blood donations to encourage more donors in England after a long campaign to widen the criteria.’

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The Guardian, 11th October 2021

Source: www.theguardian.com

Court of Appeal rules on the legality of Christian requirement by fostering agency – UK Human Rights Blog

‘In this claim for judicial review, the issue was whether it was lawful for the claimant independent fostering agency (Cornerstone) only to accept heterosexual evangelical Christians as potential carers under the Equality Act 2010 (EA 2010) and the European Convention on Human Rights (the Convention).’

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UK Human Rights Blog, 7th October 2021

Source: ukhumanrightsblog.com

Students used by law firm for agency advocacy are ‘workers’ – Legal Futures

‘A Bar student who handled agency advocacy work through a law firm was a worker with certain rights and not self-employed, an employment tribunal has ruled.’

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Legal Futures, 8th October 2021

Source: www.legalfutures.co.uk

Gender pay gap at Bar has widened over past 20 years – Legal Futures

‘The income gap between male and female barristers has increased over the last 20 years, new Bar Council figures have shown.’

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Legal Futures, 4th October 2021

Source: www.legalfutures.co.uk

Judges Rule Abortion Law On Disability Does Not Violate Human Rights – Each Other

Posted September 29th, 2021 in abortion, birth, disability discrimination, disabled persons, equality, human rights, news by sally

‘The High Court has ruled against a legal challenge from a woman with Down’s syndrome which argued that permitting abortion up until birth for a foetus with certain disabilities is unlawfully discriminatory.’

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Each Other, 28th September 2021

Source: eachother.org.uk

Government faces legal challenge from pupil with SEN over “unfair” use of PCR testing in schools – Local Government Lawyer

‘The parents of a 15-year-old pupil with special educational needs and disabilities have instructed lawyers to challenge the lawfulness of government guidance to schools on Covid-19 testing, arguing that it should be urgently revised to enable pupils with disabilities to take less intrusive saliva tests.’

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Local Government Lawyer, 28th September 2021

Source: www.localgovernmentlawyer.co.uk

Independent fostering agency loses appeal over lawfulness of only accepting heterosexual evangelical Christians as potential carers – Local Government Lawyer

‘The Court of Appeal has dismissed an appeal by an independent fostering agency over whether it is lawful for it only to accept heterosexual evangelical Christians as potential carers.’

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Local Government Lawyer, 27th September 2021

Source: www.localgovernmentlawyer.co.uk

Programme Launched To Fight Digital Inequalities – Each Other

Posted September 28th, 2021 in education, equality, internet, news by sally

‘A new, cross-sector collective of organisations is launching a Digital Inclusion Impact Group to facilitate better access to digital technologies across the UK.’

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Each Other, 27th September 2021

Source: eachother.org.uk

To jab or not to jab? Covid vaccination dilemmas – Law Society’s Gazette

‘The main challenges to compulsory vaccination policies come from unfair dismissal and discrimination law. Unfair dismissal claims are available to employees with two years’ service. Claims would hinge upon the issue of whether an employee’s refusal to comply with a vaccination policy is a ‘substantial reason’ sufficient to justify their dismissal.’

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Law Society's Gazette, 27th September 2021

Source: www.lawgazette.co.uk

“Positive action scheme” bids to improve diversity of Treasury Counsel – Legal Futures

Posted September 27th, 2021 in barristers, diversity, equality, government departments, news by sally

‘A “positive action scheme” for advocates who have the potential to become Treasury Counsel in the future – aimed to address a lack of diversity in their ranks – is to be launched next month.’

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Legal Futures, 27th September 2021

Source: www.legalfutures.co.uk

Conversion therapy delay frustrates campaigners – BBC News

‘A public consultation into a proposed ban on so-called conversion therapy has been delayed by at least a month, until possibly the end of October.’

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BBC News, 25th September 2021

Source: www.bbc.co.uk

Clerks “must play bigger role in fair work allocation” – Legal Futures

Posted September 24th, 2021 in barristers, barristers' clerks, diversity, employment, equality, news by sally

‘Barristers’ clerks must step up and ensure that both work coming in and marketing efforts by chambers are done with an eye to equality in the way they are distributed, a seminar heard this week.’

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Legal Futures, 24th September 2021

Source: www.legalfutures.co.uk

Woman with Down’s loses abortion law fight – BBC News

‘A woman with Down’s syndrome has lost her High Court challenge over a law that allows abortion up to birth for a foetus with the condition.’

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BBC News, 23rd September 2021

Source: www.bbc.co.uk

Law and the Culture War – UK Human Rights Blog

Posted September 23rd, 2021 in belief discrimination, equality, gender, human rights, news, transgender persons by tracey

‘The judgment in Forstater v CDG Europe UKEAT/0105/20/JOJ has forced the courts yet again to grapple with the transgender debate. We have already seen the judiciary face up to the challenging issues of whether children with gender dysphoria can consent to receiving puberty blockers (see recent decision in Bell v Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363). In the present case, the issue was whether the Claimant’s belief that biological sex is real, important, immutable, and not to be conflated with gender identity was a “philosophical belief” within the meaning of section 10 of Equality Act 2010 (“EqA”).’

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UK Human Rights Blog, 21st September 2021

Source: ukhumanrightsblog.com

Law and the Culture War – UK Human Rights Blog

‘The judgment in Forstater v CDG Europe UKEAT/0105/20/JOJ has forced the courts yet again to grapple with the transgender debate. We have already seen the judiciary face up to the challenging issues of whether children with gender dysphoria can consent to receiving puberty blockers (see recent decision in Bell v Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363). In the present case, the issue was whether the Claimant’s belief that biological sex is real, important, immutable, and not to be conflated with gender identity was a “philosophical belief” within the meaning of section 10 of Equality Act 2010 (“EqA”).’

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UK Human Rights Blog, 21st September 2021

Source: ukhumanrightsblog.com