Turani & Anor v Secretary of State for the Home Department- Equality Law Blog

Posted March 23rd, 2021 in equality, immigration, news, race discrimination, refugees by sally

‘The Court considered an appeal from a High Court decision which had rejected indirect race discrimination and PSED challenges to the application of the Defendant’s ex gratia scheme to support and assist third-country national refugees outside the UK who have fled the conflict in Syria. The case is important, if somewhat disheartening to equality lawyers, for its conclusions on the (limited) extra-territorial effect of the Equality Act 2010. It is worth emphasising that the Court of Appeal’s approval of the High Court’s conclusions on justification were subject to the proviso that the limited evidence on which the High Court was prepared to find in the Defendant’s favour was the result of the way in which the claim had developed post-issue; as Underhill LJ, concurring with Simler LJ leading judgment, stated at §110: “the story is indeed a good illustration of the perils of “rolling judicial review”.’

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Equality Law Blog, 22nd March 2021

Source: equalitylawblog.com

Unequal chances? Ethnic disproportionality in child welfare and family justice – Family Law

‘Many have experienced their own Black Lives Matter moment in the last 12 months, a sharp realisation of entrenched prejudices and inequalities that still exist in our society. In the family justice system that moment came last October when a black barrister, Alexandra Wilson, was mistaken for a defendant three times in one day. And yet, more generally there has been surprising little debate about the disproportionate numbers of families from some ethnic minorities in the family justice system and what might lie behind this.’

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Family Law, 19th March 2021

Source: www.familylaw.co.uk

Clapham vigil policing investigator is suing Home Office for sex and race bias – The Guardian

‘The investigator helping coordinate the official inquiry into the Metropolitan police’s handling of the Sarah Everard vigil and concerns over women’s safety is suing the Home Office for sex discrimination over claims that he has been penalised for being a “white man”, the Observer can reveal.’

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The Guardian, 21st March 2021

Source: www.theguardian.com

Five-year-old takes Home Office to high court over benefits ban – The Guardian

Posted March 18th, 2021 in benefits, children, minorities, news, race discrimination by sally

‘A five-year-old black British child has taken the Home Office to the high court arguing that officials are racially discriminating against families such as his own by denying access to the welfare safety net.’

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The Guardian, 17th March 2021

Source: www.theguardian.com

Human rights commission asked to examine racism in English cricket – The Guardian

Posted March 11th, 2021 in minorities, news, race discrimination, racism, sport by sally

‘The Equality and Human Rights Commission will be asked to conduct an investigation into racism in English cricket following a number of disturbing revelations from black and Asian players and umpires about their experiences in the game, the Guardian can reveal.’

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The Guardian, 10th March 2021

Source: www.theguardian.com

Barrister tells of racial abuse on bus amid warnings pandemic is fuelling hatred – Daily Telegraph

‘People from Muslim backgrounds have become targets during the pandemic due to the “rabbit holes” of online conspiracies, campaigners have said as a barrister spoke out about a hate crime.’

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Daily Telegraph, 2nd March 2021

Source: www.telegraph.co.uk

Bar Council chair rejects challenge from Twitter row barrister – Legal Futures

‘The chair of the Bar Council has dismissed as nonsense the suggestion that it had to publicly support the barrister at the centre of a racism row over his comments on Twitter.’

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Legal Futures, 3rd March 2021

Source: www.legalfutures.co.uk

“Power of the purse” will bring diversity to Bar – Legal Futures

“The “power of the purse”, coming not from solicitors but from their clients, will “make the difference” in improving diversity at the Bar, a leading Black QC has said.’

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Legal Futures, 26th February 2021

Source: www.legalfutures.co.uk

Police watchdog castigates forces over use of stop and search – The Guardian

‘Her Majesty’s Inspectorate of Constabulary has castigated police forces over stop and search, saying that 35 years after the power was introduced they were still unable to explain why black people are more likely to be targeted.’

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The Guardian, 26th February 2021

Source: www.theguardian.com

UK government accused of ‘dragging heels’ on racism – The Guardian

‘The government is still “dragging its heels” on racism, according to MPs and race equality campaigners critical of its response to a damning parliamentary report on Black people and human rights.’

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The Guardian, 11th February 2021

Source: www.theguardian.com

The One Thing Every Business Needs From Its Employment Lawyer This Year – Littleton Chambers

‘As legal advisers our job starts long before the court room and it is where we do our most valuable work. A world in which people don’t experience discrimination is a world in which no discrimination claims are brought and a world in which considerable time, stress, cost etc. is saved. Ok, it is also a world in which our litigation practice suffers but let’s be honest, we are a long way from that world and we could get considerably closer to it without worrying too much about having to rethink our career choices.’

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Littleton Chambers, 8th February 2021

Source: littletonchambers.com

A statutory defence for discrimination: s.109(4) Equality Act 2010 Allay (UK) Limited v Gehlen – 3PB

Posted February 11th, 2021 in chambers articles, employment tribunals, equality, news, race discrimination by sally

‘S.109(4) EA 2010 provides a statutory defence for an employer when discrimination has been found if they took “all reasonable steps” to prevent that or similar discrimination. It is a rarely used defence and it is even more rare to have an appellate case providing guidance, but Allay (UK) Limited v Gehlen [2021] UKEAT 0031_20_0402 (Unreported, 4 February 2021) clarifies what is meant by “all reasonable steps”, exploring permissible and impermissible considerations to meet the high threshold set by s.109.’

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3PB, 9th February 2021

Source: www.3pb.co.uk

More deaths, worse care: inquiry opens into NHS maternity ‘systemic racism’ – The Guardian

Posted February 8th, 2021 in birth, equality, hospitals, human rights, inquiries, news, race discrimination, statistics by sally

‘An urgent inquiry to investigate how alleged systemic racism in the NHS manifests itself in maternity care will be launched on Tuesday with support from the UK charity Birthrights. The inquiry will apply a human- rights lens to examine how claimed racial injustice – from explicit racism to bias – is leading to poorer health outcomes in maternity care for ethnic minority groups.’

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The Guardian, 7th February 2021

Source: www.theguardian.com

A thousand young, black men removed from Met gang violence prediction database – The Guardian

‘One thousand young, black men have been removed from an allegedly discriminatory gangs database used by police in London, after a review found they posed no or little risk of committing violence, the Guardian has learned.’

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The Guardian, 3rd February 2021

Source: www.theguardian.com

Court rejects Corbyn disclosure claim in Labour suspension battle – The Guardian

‘Jeremy Corbyn has lost a legal fight to force Labour to hand over documents before a possible high court challenge against his suspension from the parliamentary party.’

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The Guardian, 27th January 2021

Source: www.theguardian.com

Met police officer faces new hearing over death of mentally ill black man – The Guardian

‘A senior police officer cleared of misconduct over the high-profile death of a mentally ill black man is to face fresh disciplinary proceedings because of failings in the original case, the Observer can reveal.’

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The Guardian, 24th January 2021

Source: www.theguardian.com

Mental Health Act reforms aim to tackle high rate of black people sectioned – The Guardian

‘Reforms to the Mental Health Act will help tackle the disproportionate number of black people sectioned, the government has announced.’

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The Guardian, 13th January 2021

Source: www.theguardian.com

Tribunal finds law firm unfairly dismissed paralegal – Legal Futures

‘A law firm dismissed a paralegal because he was close to his supervisor, with whom it was in dispute, rather than due to the allegations levied against him, an employment tribunal has ruled.’

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Legal Futures, 11th January 2021

Source: www.legalfutures.co.uk

6 UK Human Rights Issues And Trends To Watch In 2021 – Each Other

‘It’s clear that coronavirus will inevitably continue to be one of the biggest rights issues of 2021 – but it’s not the only thing that should be on our radar. This selection of things to look out for – some quite specific and some more general – is by no means exhaustive and, as the last year has shown, there’s no way we can accurately predict the future. However, there are pressing issues on the horizon – here are just a few, in no particular order.’

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Each Other, 8th January 2021

Source: eachother.org.uk

‘Stockwell Six’: two men could have convictions overturned – The Guardian

‘Two men who were jailed nearly 50 years ago on the word of a corrupt detective could finally have their names cleared.
The cases of two members of the so-called “Stockwell Six”, who were accused of attempting to rob that officer on the underground, are now being referred to the court of appeal by the Criminal Cases Review Commission (CCRC).’

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The Guardian, 14th December 2020

Source: www.theguardian.com