Dispute over traffic orders and equality duty set for Court of Appeal – Local Government Lawyer

Posted February 17th, 2014 in appeals, equality, local government, news, road traffic by sally

‘A county council this week won a High Court battle over its decision to end blue-badge access to part of a town centre, but the case looks certain to end up in the Court of Appeal.’

Full story

Local Government Lawyer, 14th February 2014

Source: www.localgovernmentlawyer.co.uk

What are the Wider Implications of the Impending Tax Changes of Members of an LLP? – Littleton Chambers

‘The impending tax changes for the taxation of the members of LLP have been generating significant concerns, not only for our LLP clients but also Law firms themselves. The prospect of firms having a NIC liability, and the tax consequences for individual members themselves, have concentrated legal minds both internally and externally.’

Full story

Littleton Chambers, 4th February 2014

Source: www.littletonchambers.com

Regina (UNISON) v Lord Chancellor (Equality and Human Rights Commission intervening) – WLR Daily

Posted February 12th, 2014 in appeals, EC law, employment tribunals, equality, judicial review, law reports by sally

Regina (UNISON) v Lord Chancellor (Equality and Human Rights Commission intervening) [2014] EWHC 218 (Admin); [2014] WLR (D) 57

‘The level of fees to be paid under the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 did not breach European Union principles of effectiveness or equivalence.’

WLR Daily, 7th February 2014

Source: www.iclr.co.uk

Another council faces judicial review over changes to library provision – Local Government Lawyer

‘Lincolnshire County Council has become the latest local authority to face judicial review proceedings over proposed cuts to its libraries.’

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Local Government Lawyer, 12th February 2014

Source: www.localgovernmentlawyer.co.uk

Women bishops law: Church asked to back fast-track scheme – BBC News

Posted February 11th, 2014 in Church of England, equality, news, women by tracey

‘The general synod will be asked to approve plans later which could see the first woman bishop in the Church of England appointed by Christmas. It will be asked to fast-track the revision of the latest proposals and to cut the time given to individual dioceses to consider them. That could lead to a final vote in July and legislation in November.’

Full story

BBC News, 11th February 2014

Source: www.bbc.co.uk

UNISON’s employment tribunal fees challenge dismissed, but impact of new regime not yet apparent, says High Court – OUT-LAW.com

‘A trade union’s legal challenge to the introduction of fees to bring a case to an employment tribunal has been dismissed by the High Court.’

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OUT-LAW.com, 10th February 2014

Source: www.out-law.com

Claimant faces record costs after tribunal – Law Society’s Gazette

Posted February 10th, 2014 in costs, disclosure, employment tribunals, equality, local government, news by tracey

‘An employment tribunal has ordered a claimant who unsuccessfully took a local authority to tribunal to pay record costs for an individual.’

Full story

Law Society’s Gazette, 10th February 2014

Source: www.lawgazette.co.uk

Supporting the introduction of the single Family Court – Proposed changes to Family legal aid remuneration schemes – Ministry of Justice

Posted February 3rd, 2014 in budgets, consultations, equality, family courts, fees, legal aid, remuneration by tracey

‘The Government consulted on a proposal to change the current family legal aid fee payment schemes in October 2013. This document reflects the responses that we have received to the consultation and describes how the Government intends to proceed.’

Full document

Ministry of Justice, 31st January 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Bullying in armed forces on rise, MoD figures reveal – The Guardian

‘Shocking official figures reveal a surge in the incidence of bullying in the armed forces, with one in 10 military personnel claiming to have been the victim of “discrimination, harassment or bullying in a service environment” during the past year.’

Full story

The Guardian, 1st February 2014

Source: www.guardian.co.uk

Proving and disproving discrimination – Cloisters

Posted January 29th, 2014 in burden of proof, employment, equality, harassment, news by sally

‘This talk looks at the legal and practical tools available to employment lawyers to prove or disprove direct discrimination and harassment, exploring in particular three areas:

a. How judges apply the burden of proof s136(2)(3) EA 2010
b. What is the role of Comparators in light of the Supreme Court decision of Hewage v Grampian Health Board [2012] ICR 1054, SC
c. What role does knowledge of the protected characteristic now play in light of IPC Media Ltd v Millar [2013] IRLR 707.’

Full story (PDF)

Cloisters, 14th January 2014

Source: www.cloisters.com

Gay couple threaten to sue UK government over same-sex marriage – The Guardian

Posted January 27th, 2014 in civil partnerships, divorce, equality, homosexuality, human rights, marriage, news by sally

‘A gay couple from Barnsley are threatening legal action against the government after discovering they will not be able to marry on 29 March, when the Marriage (Same Sex Couples) Act comes into force, because they are already in a civil partnership.’

Full story

The Guardian, 24th January 2014

Source: www.guardian.co.uk

Reed Employment Ltd v Revenue and Customs Comrs – WLR Daily

Posted January 27th, 2014 in appeals, equality, HM Revenue & Customs, law reports, repayment, time limits, tribunals, VAT by sally

Reed Employment Ltd v Revenue and Customs Comrs [2014] EWCA Civ 32; [2014] WLR (D) 23

‘Section 80(3) of the Value Added Tax Act 1994, as inserted, which gave the revenue a possible defence of unjust enrichment for claims made after 26 May 2005 for the recovery of overpaid VAT, without regard to the period in respect of which the claim was made, was not unlawful.’

WLR Daily, 23rd Janaury 2014

Source: www.iclr.co.uk

High Court rules on provision of care for nomadic Gypsy/Traveller children – Halsbury’s Law Exchange

‘Marc Willers analyses the impact of a High Court ruling which gave an important judgment on the provision of care for nomadic Gypsy and Traveller children.’

Full story

Halsbury’s Law Exchange, 17th January 2014

Source: www.halsburyslawexchange.com

Prohibiting positive action – clarification, but little practical impact – Halsbury’s Law Exchange

Posted January 17th, 2014 in bills, diversity, equality, news, recruitment by sally

‘The Equality and Diversity (Reform) Bill is currently making its way through Parliament. The private members’ bill will prohibit the use of affirmative and positive action in recruitment and appointment processes.’

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Halsbury’s Law Exchange, 16th January 2014

Source: www.halsburyslawexchange.co.uk

Committee says proposed legal aid cuts may breach human rights – The Guardian

‘Chris Grayling is a man who knows the price of everything and the value of nothing, the chair of an influential all-party backbench committee has suggested. Oscar Wilde’s cynical jibe was twice put to the justice secretary when he gave evidence to the Joint Committee on Human Rights on 26 November and was then repeated by Dr Hywel Francis, a Labour MP, when he launched its report today.’

Full story

The Guardian, 13th December 2013

Source: www.guardian.co.uk

Official watchdog says university sex segregation plans ‘not permissible’ – Daily Telegraph

Posted December 13th, 2013 in education, equality, human rights, Islam, news, sex discrimination, universities by sally

‘Exclusive: The Equality and Human Rights Commission steps into the row over controversial guidelines which said gender segregation on campus should be allowed.’

Full story

Daily Telegraph, 12th December 2013

Source: www.telegraph.co.uk

When private counselling is a reasonable adjustment under the Equality Act? – No. 5 Chambers

‘The case of Crofts Vets and others v Butcher 2013 UKEAT/0430/12/LA and UKEAT/0562/12/LA is perhaps an unusual but important illustration of how far the duty to make reasonable adjustments under disability discrimination legislation goes (now Section 20 of the Equality Act 2010).’

Full story

No. 5 Chambers, 4th December 2013

Source: www.no5.com

Same-sex weddings to begin in March – BBC News

Posted December 11th, 2013 in bills, Church of England, equality, homosexuality, marriage, news by sally

‘The first same-sex weddings in England and Wales will be able to take place from 29 March 2014, Equalities Minister Maria Miller says.’

Full story

BBC News, 10th December 2013

Source: www.bbc.co.uk

Gay discrimination and Christian belief: Analysis of Bull v. Hall in the Supreme Court – UK Human Rights Blog

‘The recent confirmation by the Supreme Court that it was unlawful discrimination for Christian hotel owners to refuse a double-bedded room to a same-sex couple was of considerable interest as the latest in a string of high-profile cases involving religious belief and discrimination on the basis of sexual orientation (and the first such judgment involving the highest court in the land). We have already provided a summary of the facts and judgment here, and our post on the Court of Appeal ruling can be found here.’

Full story

UK Human Rights Blog, 11th December 2013

Source: www.ukhumanrightsblog.com

Regina (MM and another) v Secretary of State for Work and Pensions (Mind and others intervening) – WLR Daily

Posted December 9th, 2013 in appeals, benefits, equality, law reports, mental health, tribunals by sally

Regina (MM and another) v Secretary of State for Work and Pensions (Mind and others intervening) [2013] EWCA Civ 1565 ; [2013] WLR (D) 469

‘The current process for assessing eligibility for employment and support allowance by way of a questionnaire and face-to-face interview placed mental health patients at a substantial disadvantage compared with other claimants. The Secretary of State therefore was under a duty under the Equality Act 2010 to make a reasonable adjustment to accommodate them.’

WLR Daily, 4th December 2013

Source: www.iclr.co.uk