LGBT relationships and the school curriculum: a human rights analysis – UK Human Rights Blog

‘What is the scope of a school’s duty to accommodate the religion of a parent whose children attend its schools? From September 2020, it will become mandatory for “relationship education” which includes lessons about LGBT relationships to be taught in English primary schools under the Children and Social Work Act 2017. According to a petition by Muslim parents in Birmingham, however, such teaching contradicts the Islamic faith, thereby violating their freedom of religion.’

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UK Human Rights Blog, 4th June 2019

Source: ukhumanrightsblog.com

Panel urges regulation of algorithms used in criminal justice system – Legal Futures

‘A year-long study of the use of computer algorithms in the criminal justice system has recommended creating a national register to bring openness, expose built-in biases, and ensure public trust.’

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Legal Futures, 5th June 2019

Source: www.legalfutures.co.uk

Possession and the PSED (again) – Nearly Legal

‘London and Quadrant HR v Patrick [2019] EWHC 1263 (QB) follows hard on the footsteps of Powell v Dacorum BC [2019] EWCA Civ 29 and Forward v Aldwyck Housing Group Ltd [2019] EWHC 24 (QB) (our note here), with Turner J making some fairly caustic observations about the use of the public sector equality duty in possession cases. He ended his substantive judgment with the observation that, “I note that the decision in Forward is under appeal to the Court of Appeal. It is to be hoped that, whatever the outcome, such guidance as may be given will significantly reduce the risk that, in future, possession applications are subject to protracted delays and uncertainty which are highly prejudicial to all of those affected”.’

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Nearly Legal, 28th May 2019

Source: nearlylegal.co.uk

Not discrimination to pay male officers less for shared parental leave than female officers on maternity leave – UK Police Law Blog

‘The Court of Appeal in (1) Capita Customer Management Ltd v Ali & (2) Chief Constable of Leicestershire v Hextall [2019] EWCA Civ 900, has overturned the Employment Appeal Tribunal and held that employees do not unlawfully discriminate against men when when paying them less for shared parental leave than they pay women when taking enhanced maternity pay as part of maternity leave. Such claims are not sex discrimination claims but equal terms claims, to be brought under the Equal Pay Act 1970, which are bound to fail because they relate to terms of work affording special treatment to woman in connection with pregnancy of childbirth. An appeal to the Supreme Court is possible.’

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UK Police Law Blog, 29th May 2019

Source: ukpolicelawblog.com

Report calls for end to “macho culture” of chambers – Legal Futures

Posted May 30th, 2019 in barristers, diversity, equality, gender, news, statistics, women by tracey

‘The “macho culture that can pervade chambers” must go if the Bar is to improve its gender balance, a report by a specialist discrimination law firm run by a QC has concluded.’

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Legal Futures, 30th May 2019

Source: www.legalfutures.co.uk

Equality body launches investigation of Labour antisemitism claims – The Guardian

‘Labour has been placed under formal investigation by the equalities watchdog over whether the party has unlawfully discriminated against, harassed or victimised people because they are Jewish. The Equality and Human Rights Commission (EHRC) said it was launching an official inquiry under section 20 of the Equality Act 2006 after carrying out preliminary investigations since March.’

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The Guardian, 28th May 2019

Source: www.theguardian.com

Trans women given formal access to Hampstead Heath pond – The Guardian

Posted May 24th, 2019 in equality, gender, news, sex discrimination, transgender persons, women by tracey

‘Transgender women have had their right to use Hampstead Heath ponds formalised in a new policy. The City of London Corporation (CoLC), which manages Hampstead Heath and its ponds, announced that it had adopted a new gender identity policy to make sure services in the area “are fully compliant with the Equality Act 2010, and do not discriminate against trans people”.’

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The Guardian, 23rd May 2019

Source: www.theguardian.com

Oxbridge can force old professors to retire in order to boost diversity, tribunal ruling suggests – Daily Telegraph

‘Oxford and Cambridge universities can force old professors to retire in order to boost diversity, a tribunal ruling suggests.’

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Daily Telegraph, 22nd May 2019

Source: www.telegraph.co.uk

Maternity rights bill could make things worse, campaigner says – BBC News

‘A bill which aims to protect women’s jobs when they return to work after giving birth will have little impact, a pregnancy rights campaigner says.’

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BBC News, 22nd May 2019

Source: www.bbc.co.uk

Police facial recognition surveillance court case starts – BBC News

‘The first major legal challenge to police use of automated facial recognition surveillance begins in Cardiff later.’

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BBC News, 21st May 2019

Source: www.bbc.co.uk

Court of Appeal to hear case on public sector equality duty and possession orders over false representations – Local Government Lawyer

‘A case concerning the interrelationship between the public sector equality duty and the court’s discretion to make a possession order because of false representations is to go to the Court of Appeal, it has been reported.’

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Local Government Lawyer, 16th May 2019

Source: www.localgovernmentlawyer.co.uk

New Judgment: R (DA & Ors) v Secretary of State for Work and Pensions; R (DS & Ors) v Secretary of State for Work and Pensions [2019] UKSC 21 – UKSC Blog

Posted May 15th, 2019 in appeals, benefits, children, equality, families, news, proportionality, Supreme Court by sally

‘This appeal considered whether the application of the revised benefit cap, introduced by the Welfare Reform and Work Act 2016, s 8, to lone parents with children under two years old (i) unlawfully discriminates against parents and/or the children, contrary to ECHR, art 14 with art 8, and/or art 2 of the First Protocol and in breach of the UK’s international obligations under the UN Convention on the Rights of the Child, art 3, and/or (ii) is irrelevant.’

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UKSC Blog, 15th May 2019

Source: ukscblog.com

The socio-economic duty: A powerful idea hidden in plain sight in the Equality Act – Oxford Human Rights Hub

‘Section 1 of the Equality Act 2010 asks public authorities to actively consider the way in which their policies and their most strategic decisions can increase or decrease inequalities. I am talking about the socio-economic duty. However, successive governments since 2010 have failed to commence it, to bring it to life in technical terms, which means that public authorities are not technically bound by Section 1.’

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Oxford Human Rights Hub, 15th May 2019

Source: ohrh.law.ox.ac.uk

Council makes a mess of Portage – Law Society’s Gazette

Posted May 14th, 2019 in children, education, equality, families, judicial review, local government, news by sally

‘The biblical Esau rashly sold his birthright for ‘a mess of pottage’ (a bowl of lentil stew). But in a rather different context, Worcestershire Council could be said to have made a mess of Portage. For Portage (named after a US town in Wisconsin where the concept originally developed) is a pre-school educational support service (from birth to five-years-old) provided through regular home visits from a trained home visitor. However, on 22 August 2016 the council (through councillor Bayliss, cabinet member with responsibility for children and families) decided to close the Portage scheme from 1 October 2018. This prompted judicial review proceedings in R (RD and others) v Worcestershire County Council [2019] EWHC 449 (Admin), judgment in which was given by Nicklin J on 28 February 2019.’

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Law Society's Gazette, 13th May 2019

Source: www.lawgazette.co.uk

Facial recognition tech ‘should be dropped over race issues’ – BBC News

‘Black and minority ethnic people in the UK could be falsely identified and questioned as police have not tested facial recognition systems on enough non-white faces, say campaigners.’

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BBC News, 13th May 2019

Source: www.bbc.co.uk

Sight impaired voters and the secret of the ballot box – UK Human Rights Blog

‘How can someone who suffers from severely limited sight avail herself of the process for making a mark on a paper ballot under the Representation of the People Act 1983?’

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UK Human Rights Blog, 12th May 2019

Source: ukhumanrightsblog.com

PM vows to end postcode lottery for domestic abuse victims

‘The prime minister has vowed to end the postcode lottery for those escaping domestic abuse.’

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The Guardian, 13th May 2019

Source: www.theguardian.com

Written pupillage agreements to reduce “inappropriate behaviour” – Legal Futures

‘Making written pupillage agreements compulsory could reduce the risk of pupil barristers being subjected to “inappropriate behaviour”, the Bar Standards Board (BSB) has said.
It signalled the move in an informal consultation that also proposes to make it compulsory for chambers and other training providers to bring their pupillage recruitment timetables into line with the Pupillage Gateway.’

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Legal Futures, 9th May 2019

Source: www.legalfutures.co.uk

Falklands veteran ‘forced out over sexuality’ plans to sue MoD – BBC News

‘A Falklands veteran forced out of the Royal Navy over his sexuality plans to sue for the return of military honours.’

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BBC News, 8th May 2019

Source: www.bbc.co.uk

Tribunal rejects law firm’s bid to strike out disability claim – Legal Futures

‘An employment tribunal has said it would be “wholly inappropriate” to strike out a disability discrimination claim against a law firm from a legal secretary suffering from depression.’

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Legal Futures, 2nd May 2019

Source: www.legalfutures.co.uk