Category: equality

What is indirect discrimination and how to identify the right comparator? – Landmark Chambers

Posted July 30th, 2020 in EC law, equality, lectures, news by sally

‘Legal prohibitions on discrimination based upon certain characteristics have been part of UK domestic law for decades. The Foreword to the seminal book Monaghan on Equality Law started as follows:

“Equality”, wrote Rabinder Singh QC (as he then was) some time ago, is the “neglected virtue”. But it is not neglected now. At long last, we have the Equality Act 2010, which brings together the many separate laws against discrimination and tries to make them into a coherent whole. That is easier said than done. If equality is indeed a virtue, then it is a very complicated one.’

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Landmark Chambers, July 2020

Source: www.landmarkchambers.co.uk

Commercial sets join forces to launch mentoring scheme – Litigation Futures

Posted July 29th, 2020 in barristers, diversity, equality, news by tracey

‘Six leading commercial sets have joined forces to launch a mentoring scheme aimed at people from groups which are underrepresented at the commercial Bar.’

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Litigation Futures, 29th July 2020

Source: www.litigationfutures.com

Frozen pensions: injustices faced by Windrush generation in spotlight – The Guardian

Posted July 27th, 2020 in citizenship, colonies, equality, government departments, immigration, news, pensions, retirement by sally

‘Campaigners urge new working group to look into why some retirees living abroad are penalised.’

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The Guardian, 25th July 2020

Source: www.theguardian.com

Parents of student who killed herself launch legal action against University of Bristol – The Guardian

Posted July 20th, 2020 in disability discrimination, disabled persons, duty of care, equality, inquests, mental health, negligence, news, suicide, universities by sally

‘The parents of a student with severe social anxiety who took her own life on the day she was scheduled to face “the ordeal” of an important oral test have launched legal proceedings against her university, claiming she was the victim of negligence and disability discrimination.’

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The Guardian, 20th July 2020

Source: www.theguardian.com

Uber drivers to launch legal bid to uncover app’s algorithm – The Guardian

Posted July 20th, 2020 in appeals, data protection, disclosure, employment, equality, news, privacy, self-employment, Supreme Court, taxis by sally

‘Minicab drivers will launch a legal bid to uncover secret computer algorithms used by Uber to manage their work in a test case that could increase transparency for millions of gig economy workers across Europe.’

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The Guardian, 20th July 2020

Source: www.theguardian.com

Gay Conversion Therapy Is Torture, The UK Must Ban It – Each Other

Posted July 17th, 2020 in equality, government departments, homosexuality, human rights, news, sexual orientation discrimination, torture by sally

‘Conversion therapy is a set of pseudo-scientific practices which aim to change, suppress, or divert a person’s sexual orientation or gender identity. It is based on the assumption that “being lesbian, gay, bi or trans is a mental illness that can be “cured”.’

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Each Other, 16th July 2020

Source: eachother.org.uk

Discrimination and ‘No DSS’ – Nearly Legal

Posted July 15th, 2020 in benefits, charities, disability discrimination, disabled persons, equality, housing, landlord & tenant, news, sex discrimination by tracey

‘As we have seen before, Shelter have been supporting discrimination claims under the Equality Act 2010 against letting agents who operate a ‘No DSS’ policy (meaning a refusal to even consider people claiming housing related benefits – who are often employed – as applicants for tenancies. The DSS ceased to exist in 2001, which suggests how longstanding this issue is). These claims all settled out of court. Now a claim has gone to judgment.’

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Nearly Legal, 14th July 2020

Source: nearlylegal.co.uk

Self-ID for transgender people ‘unlikely’ to get ministers’ support – BBC News

Posted July 15th, 2020 in birth certificates, equality, gender, government departments, news, statute law revision, transgender persons by tracey

‘Ministers are unlikely to back a major reform to the Gender Recognition Act, it is understood, amid fresh uncertainty over when the government will actually announce its plans.’

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BBC News, 14th July 2020

Source: www.bbc.co.uk

‘No DSS’ letting bans ‘ruled unlawful’ by court – BBC News

Posted July 14th, 2020 in benefits, disability discrimination, equality, housing, landlord & tenant, news, sex discrimination by tracey

‘A judge has ruled that blanket bans on renting properties to people on housing benefit are unlawful and discriminatory. The “momentous” court ruling found a single mother-of-two had experienced indirect discrimination when a letting agent refused to rent to her.’

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BBC News, 14th July 2020

Source: www.bbc.co.uk

The family court and vulnerable people – Transparency Project

Posted July 13th, 2020 in children, disabled persons, equality, families, family courts, news by sally

‘Judges and magistrates of the family court deal with some of the most vulnerable people in our society. Quite often, people will find it difficult to participate because of their vulnerabilities. These vulnerabilities could cover a wide spectrum of barriers to participation: some litigants may have cognitive or mental health problems; some may have an intellectual disability; some may have a physical disability; and some may be particularly vulnerable as a result of the experiences they have suffered.’

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Transparency Project, 11th July 2020

Source: www.transparencyproject.org.uk

Court of Appeal Re-examines Test for Causation Under Section 15 of the Equality Act 2010 – Old Square Chambers

Posted July 10th, 2020 in appeals, causation, chambers articles, delay, disability discrimination, disabled persons, employment, employment tribunals, equality, news by sally

‘The Court of Appeal has delivered judgment in the case of Robinson v Department for Work and Pensions [2020] EWCA Civ 859, a decision which confirms that it is insufficient for a Claimant to argue, on a claim under section 15 of the Equality Act 2010, that “but for” their disability they would not have been put in a situation that led to unfavourable treatment. Rather, the focus needs to be on the reasons for the treatment itself. In so finding, the Court has approved of the obiter comments of Underhill LJ in Dunn v Secretary of State for Justice [2019] IRLR 298.’

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Old Square Chambers, 7th July 2020

Source: www.oldsquare.co.uk

Marriage discrimination: Gould v St Johns Downshire Hill UKEAT/0002/20/BA – 3PB

Posted July 10th, 2020 in appeals, chambers articles, Christianity, employment, employment tribunals, equality, marriage, married persons, news, unfair dismissal by sally

‘The Claimant, Mr Gould, was a vicar of an evangelical Christian church, St Johns, Downshire Hill, in Hampstead, London (the Respondent). In August 2016, he was dismissed from his role. The reason given by the Respondent was an irretrievable breakdown in relations between the Claimant and the Trustees, the Leadership Team, certain members of staff and other members of the congregation. The Claimant alleged that the reason for his dismissal was the breakdown of his marriage in May 2015. He brought a claim to the ET, alleging direct marriage discrimination, and that his dismissal was for a discriminatory reason and procedurally unfair.’

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3PB, 1st July 2020

Source: www.3pb.co.uk

Sunderland Christian foster service ‘must allow gay carers’ says High Court – Local Government Lawyer

Posted July 10th, 2020 in adoption, children, Christianity, equality, families, fostering, homosexuality, news, sexual orientation discrimination by sally

‘A Christian Foster service has been told it must allow gay parents to sign up as carers, the High Court has ruled.’

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Local Government Lawyer, 9th July 2020

Source: www.localgovernmentlawyer.co.uk

Proposal To Scrap Juries ‘Shocking’ Amid Black Lives Matter Movement – Each Other

Posted July 10th, 2020 in coronavirus, criminal justice, delay, equality, juries, news, race discrimination, trial without jury, trials by sally

‘Proposals to scrap juries for some trials to reduce court backlogs would remove the “only part of the criminal justice process” proven not to discriminate against minority ethnic groups, a legal expert has warned.’

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Each Other, 9th July 2020

Source: eachother.org.uk

Review launched into police ‘race discrimination’ – BBC News

Posted July 10th, 2020 in equality, news, ombudsmen, police, race discrimination, racism, statistics, stop and search by sally

‘The police watchdog is launching a review into whether officers across England and Wales racially discriminate against ethnic minorities.’

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BBC News, 10th July 2020

Source: www.bbc.co.uk

How stop and search in the UK is failing black people – video explainer – The Guardian

Posted July 8th, 2020 in equality, investigatory powers, news, police, race discrimination, racism, statistics, stop and search by sally

‘There has been renewed criticism over stop and search in the UK after research found that BAME people are 54% more likely to be fined under coronavirus rules than white people. The subsequent death of George Floyd in the US and the support for the Black Lives Matter movement has brought more scrutiny to the disproportionality.’

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The Guardian, 7th July 2020

Source: www.theguardian.com

Denial of women’s concerns contributed to decades of medical scandals, says inquiry – The Guardian

Posted July 8th, 2020 in equality, inquiries, medical treatment, news, sex discrimination, women by sally

‘An arrogant culture in which serious medical complications were dismissed as “women’s problems” contributed to a string of healthcare scandals over several decades, an inquiry ordered by the government has found.’

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The Guardian, 8th July 2020

Source: www.theguardian.com

Stop and search stats may thwart diversity push, UK police warned – The Guardian

Posted July 3rd, 2020 in diversity, equality, news, police, proportionality, race discrimination, statistics, stop and search by sally

‘Efforts to improve diversity among police officers are at risk of being thwarted by the disproportionate use of stop-and-search powers against black men, a senior policing watchdog has warned.’

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The Guardian, 2nd July 2020

Source: www.theguardian.com

Employment law: Dealing with race discrimination complaints following the Black Lives Matter movement – Parklane Plowden Chambers

Posted June 29th, 2020 in chambers articles, disciplinary procedures, employment, equality, harassment, internet, news, professional conduct, race discrimination, racism by sally

‘The recent tragic death of George Floyd and the Black Lives Matter (BLM) movement has highlighted the need to tackle race discrimination in the workplace. Many businesses both in the UK and worldwide have made public statements reinforcing their commitment to equality and the BLM movement. Just as the #MeToo movement raised awareness of sexual harassment and discrimination in the workplace, recent events should be the catalyst for a renewed emphasis on preventing and tackling race discrimination and ensuring that BAME employees are supported in the workplace.’

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Parklane Plowden Chambers, 19th June 2020

Source: www.parklaneplowden.co.uk

Judgment in Challenge to Exclusion of Workers From Sick Pay & Income Protection During Pandemic- Old Square Chambers

Posted June 26th, 2020 in chambers articles, coronavirus, EC law, employment, equality, human rights, judicial review, news, sick leave by sally

‘On 15 June 2020 the High Court handed down its expedited judgment in R (Adiatu & IWGB) v HM Treasury [2020] EWHC 1554 (Admin).’

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Old Square Chambers, 22nd June 2020

Source: www.oldsquare.co.uk