‘In a unanimous judgment, the Supreme Court in R (on the application of Marouf) (Appellant) v Secretary of State for the Home Department (Respondent) [2023] UKSC 23 has determined that the public sector equality duty (“PSED”) does not have extra-territorial effect.’
Cloisters, 14th July 2023
Source: www.cloisters.com
‘Our grateful thanks to Daniel Grütters of One Pump Court for the following note and copy of the judgment in a section 204 appeal on the suitability of temporary accommodation.’
Nearly Legal, 28th July 2023
Source: nearlylegal.co.uk
‘City firm CMS UK has become the first law firm to be awarded the new ISO 30415 diversity and inclusion certification.’
Legal Futures, 20th July 2023
Source: www.legalfutures.co.uk
‘A candidate for the bench has lost an employment tribunal claim against the Judicial Appointments Commission (JAC) over reasonable adjustments.’
Law Society's Gazette, 19th July 2023
Source: www.lawgazette.co.uk
‘The UK Supreme Court unanimously decided that the public sector equality duty in the Equality Act 2010 does not apply directly to persons outside of the UK. However, the equalities objectives may remain indirectly relevant to decision-makers.’
EIN Blog, 18th July 2023
Source: www.ein.org.uk
‘Laura Martin and Theresa Kerr provide a legal perspective on how pupils with ADHD can be supported in school.’
Local Government Lawyer, 18th July 2023
Source: www.localgovernmentlawyer.co.uk
‘Law firms have been urged to focus on what actually works when it comes to tackling gender inequality, after a survey found most female legal professionals believe measures adopted by their organisations to be ineffective.’
Law Society's Gazette, 14th July 2023
Source: www.lawgazette.co.uk
‘The Housing Ombudsman has sharply criticised a landlord for repeatedly failing to have sufficient regard for its obligations under the Equality Act 2010, and told it to review how it issues section 21 notices.’
Local Government Lawyer, 12th July 2023
Source: www.localgovernmentlawyer.co.uk
‘The proportion of Black judges in the courts and tribunals of England and Wales has remained at 1%, the same as nine years ago, while the proportion of Asian judges doubled in the same period from 3% to 6%, according to the latest judicial diversity report from the Ministry of Justice (MoJ).’
Legal Futures, 14th July 2023
Source: www.legalfutures.co.uk
‘By this judgment, the EAT allowed an appeal against a finding that an employee’s dismissal was because of her pregnancy (contrary s.18 Equality Act 2010) on the ground that the ET had not considered Reynolds v CLFIS (UK) Ltd [2015] ICR 1010. Reynolds is no doubt familiar to experienced employment lawyers, it stands for the principle that, in a discrimination claim, the relevant decision maker must have been (at least significantly) influenced by a protected characteristic. A composite approach, bringing together the act of one individual with a discriminatory reason of another is not permitted.’
3PB, 7th June 2023
Source: www.3pb.co.uk
‘The public sector equality duty (“PSED”) imposed by section 149 of the Equality Act 2010 is a procedural obligation that requires public bodies to have due regard to the equality needs listed in that section when exercising their functions. This appeal concerns the territorial scope of the PSED. It raises the issue of whether a public body is required under the PSED to have due regard to people living outside the United Kingdom when exercising its functions.’
UKSC Blog, 28th June 2023
Source: ukscblog.com
‘Five years have passed since the Government announced its intention to ban conversion therapies. Here is what has happened since.’
The Independent, 3rd July 2023
Source: www.independent.co.uk
‘A researcher who lost her job at a thinktank after tweeting that transgender women could not change their biological sex has been awarded more than £100,000 in compensation by an employment tribunal.’
The Guardian, 1st July 2023
Source: www.theguardian.com
‘In R (MXK) v Secretary of State for the Home Department [2023] EWHC 1272 (Admin), the Administrative Court held that:
the repeated detention of the claimants – foreign nationals with limited leave to remain – when they returned to the UK from travelling abroad, so that they could be questioned about their NHS debts, was unlawful;
the policy pursuant to which the claimants were detained (the “Policy”) was unlawful because it contained a positive statement of law which was wrong or, alternatively, because it failed to provide a full account of the legal position;
the Policy was unlawful because it was unpublished; and
the Secretary of State for the Home Department (“SSHD”) was in breach of the public sector equality duty (“PSED”) under s.149 of the Equality Act 2010.
In reality, the facts carried the day. This was true not only in relation to the unlawful detention issue, but also on some other points – for example, the SSHD failed to evidence any public interest in not publishing the Policy or any consideration given to the equality impacts of the exercise of the relevant powers of detention. Insofar as there are lessons to be learned, they are likely to be found in the criticisms levelled at the evidence (or lack thereof) provided by the SSHD.’
UK Human Rights Blog, 29th June 2023
Source: ukhumanrightsblog.com
‘A gender-critical woman has won a harassment claim against Arts Council England, after hostile comments were made about her beliefs at an internal meeting and on a petition circulated within the organisation.’
The Guardian, 27th June 2023
Source: www.theguardian.com
‘Ms Owen was an employee of Willow Tower OPCO 1 Ltd, which runs residential nursing care facilities including the Sunrise home at which she worked. In 2017, she had asked to relinquish her contracted hours and asked to be placed on the “bank”, from which she could cover as many shifts as were available. She also worked for herself as a Foot Health Practitioner, often providing services to the respondent.’
Law & Religion UK, 26th June 2023
Source: lawandreligionuk.com
‘”Socio-cognitive biases” could account for the over-representation of Black, Asian and minority ethnic solicitors in complaints about potential misconduct raised with the Solicitors Regulation Authority.’
Law Society's Gazette, 23rd June 2023
Source: www.lawgazette.co.uk
‘In Higgs v Farmor’s School [2023] EAT 89, Mrs Higgs worked as a pastoral administrator and work experience manager at Farmor’s School. Complaints were received about Facebook posts that she had made about relationship education in primary schools: in particular, she re-posted someone else’s post, heading it, “PLEASE READ THIS! THEY ARE BRAINWASHING OUR CHILDREN!” [5]. She also re-posted similar material. She accepted that her posts might have been seen by parents of pupils at Farmor’s School, though she pointed out that she had not mentioned the school itself [9].
She was suspended and, after a disciplinary investigation and an appeal, dismissed [16 & 17]. She took the school to an Employment Tribunal, arguing that her dismissal amounted either to direct discrimination because of her protected beliefs or to harassment relating to them.’
Law & Religion UK, 20th June 2023
Source: lawandreligionuk.com
‘Three-quarters of magistrates courts in England and Wales are inadequately accessible for people with disabilities, with a lack of ramps, inaccessible toilets and non-functioning hearing loops all featuring as failings.’
The Guardian, 19th June 2023
Source: www.theguardian.com
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