Anti-Discrimination and Harassment Training – Pump Court Chambers

‘The Employment Appeal Tribunal has recently prescribed annual booster / refresher training for employers on Equality and Diversity in order to ensure that it is effective in eliminating harassment in the workplace.’

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Pump Court Chambers, 17th February 2021

Source: www.pumpcourtchambers.com

Breach of PSED in bringing possession proceedings cured by subsequent compliance – Garden Court Chambers

Posted February 18th, 2021 in disabled persons, equality, housing, local government, mental health, news, repossession by sally

‘Ms Taylor was the secure tenant of Slough Borough Council. She had been diagnosed with bipolar disorder in late 2011.’

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Garden Court Chambers, 17th February 2021

Source: www.gardencourtchambers.co.uk

R (Salvato) v Secretary of State for Work and Pensions – Equality Law Blog

Posted February 17th, 2021 in benefits, children, equality, human rights, news, sex discrimination, women by sally

‘The High Court ruled that the requirement that the childcare element (CCE) of Universal Credit (UC) could be paid to applicants only after they had actually paid for childcare, rather than becoming liable so to do (“the proof of payment rule”), was unlawful because it discriminated indirectly against women contrary to Article 14 ECHR read with Article 8 and/or A1P1 Further, having scrutinised the justification for the Secretary of State’s approach through the prism of Article 14, he went on to find that it was also irrational as a matter of common law. The decision engages intelligently with the sometimes tricky question of appropriate comparator pools, and shines useful light on the potential for common law rationality to accommodate discrimination-based claims even were direct reliance on Article 14 to become unavailable.’

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Equality Law Blog, 16th February 2021

Source: equalitylawblog.com

Covid: Equalities watchdog urged to investigate UK’s pandemic response – BBC News

Posted February 16th, 2021 in coronavirus, equality, ministers' powers and duties, news, women by sally

‘Unions, women’s groups and charities have asked the UK’s equalities watchdog to investigate whether the government broke the law in its pandemic response.’

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BBC News, 15th February 2021

Source: www.bbc.co.uk

UK government accused of ‘dragging heels’ on racism – The Guardian

‘The government is still “dragging its heels” on racism, according to MPs and race equality campaigners critical of its response to a damning parliamentary report on Black people and human rights.’

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The Guardian, 11th February 2021

Source: www.theguardian.com

“Gender reassignment: expanding the protected characteristic” ELA article by Robin Moira White and Sioban Calcott (Brethertons) – Old Square Chambers

Posted February 11th, 2021 in chambers articles, employment, equality, gender, news, transgender persons by sally

‘Old Square Chambers’ Robin White and Sioban Calcott from Brethertons LLP have written an article on “Gender reassignment: expanding the protected characteristic” in the ELA Briefing 2021.’

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Old Square Chambers, 9th February 2021

Source: oldsquare.co.uk

The One Thing Every Business Needs From Its Employment Lawyer This Year – Littleton Chambers

‘As legal advisers our job starts long before the court room and it is where we do our most valuable work. A world in which people don’t experience discrimination is a world in which no discrimination claims are brought and a world in which considerable time, stress, cost etc. is saved. Ok, it is also a world in which our litigation practice suffers but let’s be honest, we are a long way from that world and we could get considerably closer to it without worrying too much about having to rethink our career choices.’

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Littleton Chambers, 8th February 2021

Source: littletonchambers.com

A statutory defence for discrimination: s.109(4) Equality Act 2010 Allay (UK) Limited v Gehlen – 3PB

Posted February 11th, 2021 in chambers articles, employment tribunals, equality, news, race discrimination by sally

‘S.109(4) EA 2010 provides a statutory defence for an employer when discrimination has been found if they took “all reasonable steps” to prevent that or similar discrimination. It is a rarely used defence and it is even more rare to have an appellate case providing guidance, but Allay (UK) Limited v Gehlen [2021] UKEAT 0031_20_0402 (Unreported, 4 February 2021) clarifies what is meant by “all reasonable steps”, exploring permissible and impermissible considerations to meet the high threshold set by s.109.’

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3PB, 9th February 2021

Source: www.3pb.co.uk

More deaths, worse care: inquiry opens into NHS maternity ‘systemic racism’ – The Guardian

Posted February 8th, 2021 in birth, equality, hospitals, human rights, inquiries, news, race discrimination, statistics by tracey

‘An urgent inquiry to investigate how alleged systemic racism in the NHS manifests itself in maternity care will be launched on Tuesday with support from the UK charity Birthrights. The inquiry will apply a human- rights lens to examine how claimed racial injustice – from explicit racism to bias – is leading to poorer health outcomes in maternity care for ethnic minority groups.’

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The Guardian, 7th February 2021

Source: www.theguardian.com

Parliamentarians hear call for quotas to boost profession’s diversity – Legal Futures

Posted February 5th, 2021 in barristers, diversity, equality, judiciary, legal profession, news by sally

‘There is a “lead ceiling” hampering the advancement of ethnic minority lawyers to the senior ranks of the profession and quotas are needed to bring about change, a leading asylum barrister has told parliamentarians.’

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Legal Futures, 5th February 2021

Source: www.legalfutures.co.uk

Covid hits numbers at the Bar and starting pupillages – Legal Futures

Posted February 1st, 2021 in barristers, coronavirus, diversity, equality, news, pilot schemes, pupillage, racism, statistics by tracey

‘Covid has flattened the number of new practising barristers and hit pupillages hard, but there was a sharp rise in the proportion of pupils from minority ethnic backgrounds, new figures have shown.’

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Legal Futures, 1st February 2021

Source: www.legalfutures.co.uk

Radicalisation and retention: how long can the police hold data about a person allegedly vulnerable to radicalisation? – UK Police Law Blog

Posted January 29th, 2021 in data protection, equality, human rights, Islam, news, police, privacy, proportionality, terrorism by tracey

‘If concerns are raised that a person might be vulnerable to radicalisation, how long can a police force hold data about that person? This was the question facing the High Court in the case of R (II) v Commissioner of Police for the Metropolis [2020] EWHC 2528 (Admin), which held that the police’s continued retention of data a sixteen year old was contrary to the Data Protection Act 2018 and article 8. In finding this, the court held that a force’s retention of data must be proportionate, what is proportionate in any given situation is fact-specific and that when the police cease to be able to identify a policing purpose for continued retention of personal data, it should be deleted.’

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UK Police Law Blog, 28th January 2021

Source: ukpolicelawblog.com

Diversity at the Bar is gradually improving but more progress is needed, says BSB report – Bar Standards Board

Posted January 29th, 2021 in barristers, diversity, equality, press releases, statistics by tracey

‘The Bar Standards Board (BSB) has today published its annual report on Diversity at the Bar. The report shows that the profession became increasingly diverse in 2020 and that a greater proportion of barristers disclosed their demographic data.’

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Bar Standards Board, 29th January 2021

Source: www.barstandardsboard.org.uk

CPS accused of ‘systemic illegality’ in charging rape cases – The Guardian

Posted January 27th, 2021 in codes of practice, Crown Prosecution Service, equality, news, prosecutions, rape, women by sally

‘The Crown Prosecution Service (CPS) has been accused of “systemic illegality” in its approach to charging rape cases in a landmark judicial review into how the crime is prosecuted.’

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The Guardian, 26th January 2021

Source: www.theguardian.com

Housing allocation and Catch-22 – Law Society’s Gazette

‘In his comically surreal war novel, Joseph Heller explained the paradox of Catch-22: “A concern for one’s safety in the face of dangers that were real and immediate was the process of a rational mind.” For if you flew more missions you were crazy and did not have to. But if you did not want to you were sane and had to. In other words, a no-win situation.

This was unfortunately the position faced by Mrs Habibo Nur (Mrs Nur), a Birmingham City Council housing applicant with three adult daughters including one, Zakiya, who has learning difficulties and suffers from cerebral palsy. Zakiya consequently requires support with daily living activities and has been assessed as needing a level access shower, access to stairs with bilateral handrails and accommodation with a downstairs toilet.’

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Law Society's Gazette, 25th January 2021

Source: www.lawgazette.co.uk

School Uniform Policies and Indirect Discrimination under the Equality Act 2010 – Monckton Chambers

‘Khatija Hafesji looks at the legal action threatened against Muslim parents in relation to their daughter’s breach of school uniform policy.’

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Monckton Chambers, 13th January 2021

Source: www.monckton.com

Employment Tribunals: Interim Relief and the Equality Act 2010 – Littleton Chambers

‘Joseph Bryan discusses Steer v Stormsure Ltd, in which the Employment Appeal Tribunal has raised the prospect of an amendment to the law to permit claimants in proceedings under the Equality Act 2010 to seek interim relief.’

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Littleton Chambers, 14th January 2021

Source: littletonchambers.com

“Troubling inequality” persists for BAME consumers of legal services – Legal Futures

Posted January 20th, 2021 in consumer protection, equality, legal services, news, statistics by sally

‘A “troubling inequality” between BAME and White British consumers in the way they access legal services has changed little in the five years since it raised the issue, the Legal Services Consumer Panel (LSCP) has found.’

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Legal Futures, 19th January 2021

Source: www.legalfutures.co.uk

Mental Health Act reforms aim to tackle high rate of black people sectioned – The Guardian

‘Reforms to the Mental Health Act will help tackle the disproportionate number of black people sectioned, the government has announced.’

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The Guardian, 13th January 2021

Source: www.theguardian.com

Errol Graham: Starved man’s family take benefits case to court – BBC News

‘The family of a mentally ill man who starved to death after his benefits were stopped will take on the government at the High Court later.’

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BBC News, 12th January 2021

Source: www.bbc.co.uk