General Medical Council v Michalak [2016] EWCA Civ 172
‘The claimant doctor made a complaint of discrimination against the respondent General Medical Council, alleging that, as a qualifications body, it had subjected her to a detriment in the course of its Fitness to Practise Panel procedure, contrary to section 53(2)(c) of the Equality Act 2010. At a preliminary hearing to determine whether the employment tribunal had jurisdiction under section 120 of the Act, an employment judge held that the claim was not excluded by section 120(7), as the act complained of was not subject “by virtue of an enactment” to “an appeal or proceedings in the nature of an appeal”, since there was no right of appeal under the Medical Act 1983 from a decision of the panel, nor did judicial review provide a means to challenge its decision. The Employment Appeal Tribunal allowed the General Medical Council’s appeal, holding that judicial review proceedings were proceedings “in the nature of an appeal” that arose “by virtue of an enactment”, namely section 31 of the Senior Courts Act 1981, that were available to the claimant, thereby precluding the jurisdiction of the employment tribunal.’
WLR Daily, 23rd March 2016
Source: www.iclr.co.uk
‘The wording of the Public Sector Equality Duty must be strengthened so that the discriminatory consequences of decisions by the Government and public authorities can no longer be ignored, peers have said.’
Local Government Lawyer, 29th March 2016
Source: www.localgovernmentlawyer.co.uk
‘Rebekah Wilson, barrister, of Garden Court Chambers asks whether it is time for a review of the lack of racial diversity in the family justice system and of its consequences.’
Family Law Week, 24th March 2016
Source: www.familylawweek.co.uk
‘The government is failing in its duty of care to Britain’s 11 million disabled people, peers have said, in a House of Lords report published on Thursday. It identified a series of government failures, from inaction on long-standing provisions of the Equality Act designed to help disabled people, to repealing others that favour reducing business regulations over their rights, to the impact of spending cuts, as having a “hugely adverse impact” on those with disabilities.’
The Guardian, 24th March 2016
Source: www.guardian.co.uk
‘In January 2016 the Prime Minister invited David Lammy MP to find out why official figures show that Black, Asian and Minority Ethnic (BAME) groups appear to be over-represented at most stages of the criminal justice system, and what can be done about it. This is an independent review. It aims to make sure that everyone is treated equally, whatever their ethnicity.’
Ministry of Justice, 21st March 2016
Source: www.gov.uk/government/organisations/ministry-of-justice
‘Is an employer ever required to dis-apply an absence management policy or delay dismissal, as a reasonable adjustment for disability? Recent decisions have suggested that the answer is no, but in Griffiths v Secretary of State for Work and Pensions [2016] IRLR 216, the Court of Appeal has redefined the correct comparator in a disability claim in a way which may make this easier for an employee to argue.’
Tanfield Chambers, 9th March 2016
Source: www.tanfieldchambers.co.uk
‘Men’s domination of the senior echelons of the British judiciary means the law is biased against women. We urgently need gender quotas for women in senior legal roles.’
The Guardian, 15th March 2016
Source: www.guardian.co.uk
‘On 12 February 2016, the Government published the draft Equality Act 2010 (Gender Pay Gap Information) Regulations 2016, which will affect some 8,000 businesses. This means that it finally implemented s.78 of the Equality Act 2010 (“EqA”), the section enabling the Secretary of State to make Regulations concerning equal pay audits. (The gender reporting implemented by these Regulations is not be confused with the compulsory audits ordered by ETs under s. 139A of the EqA). Section 78 was shunted sideways in 2010, then revived following pressure from the Lib Dems in the Coalition and Mind the Pay Gap, the campaign launched by Grazia magazine. And you thought Grazia was all about clothes and celebrities…’
Cloisters, 15th February 2016
Source: www.cloisters.com
‘Why are there so few women at the top of the legal profession? Just one in five partners in top-20 firms is a woman, and just eight hold senior management roles in the top 50 firms, despite the fact that more women enter the profession than men. FLUX asked four senior lawyers for their take on the challenges and solutions.’
The Future of Law, 22nd Febraury 2016
‘Transgender people are waiting up to 18 months for an initial consultation at specialist NHS gender identity clinics.’
BBC News, 21st February 2016
Source: www.bbc.co.uk
‘The FCA may for the first time create special rules to protect the interests of the elderly.’
Daily Telegraph, 20th February 2016
Source: www.telegraph.co.uk
‘Steinfeld & Anor v The Secretary of State for Education [2016] EWHC 128 (Admin). The High Court has ruled in the case of Steinfeld and Keidan v Secretary of State for Education, a human rights challenge to the law of Civil Partnerships. Mrs Justice Andrews ruled that the current law does not breach the human rights of opposite-sex couples who cannot obtain a Civil Partnership.’
UK Human Rights Blog, 31st January 2016
Source: www.ukhumanrightsblog.com
‘The Prime Minister has asked David Lammy MP to investigate evidence of possible bias against black defendants and other ethnic minorities.’
Ministry of Justice, 31st January 2016
Source: www.gov.uk/government/organisations/ministry-of-justice
‘A heterosexual couple who want to have a civil partnership rather than get married have lost a legal challenge.’
BBC News, 29th January 2016
Source: www.bbc.co.uk
‘Reforming higher education in England is both long overdue, and vitally needed to protect the sector’s hard-won reputation.’
OUT-LAW.com, 15th January 2016
Source: www.out-law.com
‘The number of women applying for Queen’s Counsel remains “stubbornly low”, the appointments panel has said, after promoting 25 female barristers and solicitor advocates among a total of 107.’
The Guardian, 11th January 2016
Source: www.guardian.co.uk
‘Landlords in England are being reminded that there is less than a month to go before “right to rent” rules go live.’
Home Office, 8th January 2016
Source: www.gov.uk/home-office
‘Since the government introduced fees for employment tribunals, together with legal aid cuts, disabled people have increasingly been unable to have their cases heard.’
The Guardian, 6th January 2016
Source: www.guardian.co.uk
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