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Das v Ayrshire and Arran Health Board (Equality Act 2010 Section 27B Victimisation): EAT 28 Nov 2014

EAT Equality Act 2010 section 27B. Victimisation. The claimant applied for a vacancy advertised by the respondent. He was qualified for the post and was the only applicant. The respondent shortlisted him but prior to interview decided to withdraw the vacancy. The HR department of the respondent thought that there was a high risk of … Continue reading Das v Ayrshire and Arran Health Board (Equality Act 2010 Section 27B Victimisation): EAT 28 Nov 2014

Secretary of State for Work and Pensions v Beattie and Others: EAT 27 Oct 2022

Age Discrimination – Non-Discrimination Rule In Occupational Pension – Section 61 Equality Act 2010 – Exemption Under Equality Act (Age Exceptions for Pension Schemes) Order 2010 – application of European Union (Withdrawal) Act 2018 Citations: [2022] EAT 163 Links: Bailii Jurisdiction: England and Wales Employment, Discrimination Updated: 09 November 2022; Ref: scu.682481

Equality and Human Rights Commission v Prime Minister and Others: Admn 3 Oct 2011

The defendant had published a set of guidelines for intelligence officers called upon to detain and interrogate suspects. The defendant said that the guidelines could only be tested against individual real life cases, and that the court should not answer hypothetical questions. The objection lay to reactions to anticipated torture and mistreatment by third party … Continue reading Equality and Human Rights Commission v Prime Minister and Others: Admn 3 Oct 2011

Harrison v Aryman Ltd (Admissibility of Evidence): EAT 27 Aug 2019

Following her resignation, the Claimant presented a claim form. The Respondent had written her a letter in August 2016 proposing that her employment be terminated on the basis of a settlement agreement. Her case was that this was a reaction to the news that she was pregnant, that there had been a history of various … Continue reading Harrison v Aryman Ltd (Admissibility of Evidence): EAT 27 Aug 2019

Copple and Others v Littlewoods Plc and Others: EAT 23 Dec 2010

EAT EQUAL PAY ACT – Part time pensions The Claimant women were unlawfully excluded from an occupational pension scheme as part-timers, but they would never have joined it if it had been open to them. There is no basis for ordering a declaration that the Respondents breached the implied equality term during the period when … Continue reading Copple and Others v Littlewoods Plc and Others: EAT 23 Dec 2010

Secretary of State for Business, Innovation and Skills v Doffman and Another: ChD 11 Oct 2010

The defendants applied for directors’ disqualification proceedings for the claim to be struck out or dismissed on the ground that the respondent had breached their rights to a fair trial under Article 6 of the European Convention on Human Rights and/or breached his duty to act fairly, in that they had failed to disclose material … Continue reading Secretary of State for Business, Innovation and Skills v Doffman and Another: ChD 11 Oct 2010

Homer v Chief Constable of West Yorkshire Police: CA 27 Apr 2010

The claimant alleged indirect age discrimination, in not having received a promotion to a post of legal adviser to the defendant. He did not have a law degree and did not want to undertake the study required which would have him acquiring the degree only after retirement. The EAT had allowed the employer’s appeal finding … Continue reading Homer v Chief Constable of West Yorkshire Police: CA 27 Apr 2010

Jivraj v Hashwani (Rev 2): CA 22 Jun 2010

The court was asked whether parties to an arbitration agreement in a commercial contract can stipulate that the tribunal is to be drawn from members of a particular religious group, in this case the Ismaili community. Held: The defendant’s appeal succeeded. The Directive was concerned with discrimination in several fields many of which were already … Continue reading Jivraj v Hashwani (Rev 2): CA 22 Jun 2010

Sivanandan v Hackney Action for Racial Equality (Hare): EAT 20 Oct 1999

EAT Procedural Issues – Employment Tribunal Judges: His Honour Judge J Hicks QC Citations: [1999] UKEAT 616 – 99 – 2010, EAT/616/99 Links: Bailii, EAT Jurisdiction: England and Wales Cited by: See Also – Sivanandan v Hackney Action for Race Equality (Hare) EAT 1-Feb-2001 . .See Also – Sivanandan v Hackney Action for Racial Equality … Continue reading Sivanandan v Hackney Action for Racial Equality (Hare): EAT 20 Oct 1999

Arvunescu v Quick Release (Automotive) Ltd (Practice and Procedure): EAT 23 Sep 2021

PRACTICE AND PROCEDURE The claimant, who was formerly employed by the respondent, brought proceedings against them for race discrimination after his employment was terminated. The proceedings were compromised by a ‘COT3’ agreement signed in March 2018. Soon afterwards, in May 2018, the claimant brought a new claim against the respondent. He alleged, among other matters, … Continue reading Arvunescu v Quick Release (Automotive) Ltd (Practice and Procedure): EAT 23 Sep 2021

Dombo Beheer BV v The Netherlands: ECHR 27 Oct 1993

‘under the principle of equality of arms, as one of the features of the wider concept of a fair trial, each party must be afforded a reasonable opportunity to present his case under conditions that do not place him at a disadvantage vis-a-vis his opponent ‘ and ‘the contracting states have greater latitude when dealing … Continue reading Dombo Beheer BV v The Netherlands: ECHR 27 Oct 1993

NHS Trust Development Authority (NHS TDA) v Saiger and Others (Practice and Procedure): EAT 17 Jul 2017

PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity < PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke In the first appeal (UKEAT/0167/15/LA), the Appellant, the NHS Trust Development Authority (‘TDA’), complained that the Employment Tribunal (‘ET’) had reached conclusions which were not supported by the evidence or were arrived at by inferential conclusions, which could not … Continue reading NHS Trust Development Authority (NHS TDA) v Saiger and Others (Practice and Procedure): EAT 17 Jul 2017

North Cumbria University Hospitals NHS Trust v Saiger and Others (Practice and Procedure): EAT 17 Jul 2017

PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke In the first appeal (UKEAT/0167/15/LA), the Appellant, the NHS Trust Development Authority (‘TDA’), complained that the Employment Tribunal (‘ET’) had reached conclusions which were not supported by the evidence or were arrived at by inferential conclusions, which could not be … Continue reading North Cumbria University Hospitals NHS Trust v Saiger and Others (Practice and Procedure): EAT 17 Jul 2017

Byrzykowski v Poland: ECHR 27 Jun 2006

Citations: 11562/05, [2006] ECHR 648, (2006) 46 EHRR 675 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010 The deceased soldier died of … Continue reading Byrzykowski v Poland: ECHR 27 Jun 2006

Unite The Union v Nailard: EAT 27 Sep 2016

EAT Jurisdictional Points : Worker, Employee or Neither HARASSMENT SEX DISCRIMINATION – Direct TRADE UNION RIGHTS The appeal concerned sexual harassment by elected officers of the Respondent trade union against a paid (employed) officer. 1. The ET held that the elected officers were employees of the Respondent under the extended definition in section 83(2) of … Continue reading Unite The Union v Nailard: EAT 27 Sep 2016

R v W: EAT 27 Jan 2016

Practice and Procedure: Appellate Jurisdiction/Reasons/Burns-Barke – PRACTICE AND PROCEDURE – Perversity PRACTICE AND PROCEDURE – Disposal of appeal including remission UNFAIR DISMISSAL – Constructive dismissal DISABILITY DISCRIMINATION – Reasonable adjustments Bias – perversity – inadequacy of reasons Incorrect approach to disability discrimination/reasonable adjustments claim under sections 20 and 21 Equality Act 2010 and in approach … Continue reading R v W: EAT 27 Jan 2016

Salman v Turkey: ECHR 27 Jun 2000

Where someone dies or is injured whilst in custody the burden is on the state to provide a ‘satisfactory and convincing explanation’ of what has happened: ‘Persons in custody are in a vulnerable position and the authorities are under a duty to protect them. Consequently, where an individual is taken into police custody in good … Continue reading Salman v Turkey: ECHR 27 Jun 2000

Cordant Security Ltd v Singh and Another: EAT 27 Oct 2015

EAT Race Discrimination : Direct – RACE DISCRIMINATION – Detriment Discrimination on grounds of race – Subjecting an employee to a detriment – Failure to investigate allegation of misconduct – Less favourable treatment on grounds of race – Allegation fabricated – Whether capable of amounting to a detriment The Appellant company employed the First Respondent … Continue reading Cordant Security Ltd v Singh and Another: EAT 27 Oct 2015

Manchester City Council v Pinnock: SC 3 Nov 2010

The tenant had been secure but had his tenancy had been reduced to an insecure demoted tenancy after he was accused of anti-social behaviour. He had not himself been accused of any misbehaviour, but it was said that he should have controlled his family members. The county court had been unwilling to allow any challenge … Continue reading Manchester City Council v Pinnock: SC 3 Nov 2010

Adath Yisroel Burial Society and Another, Regina (on The Application of) v HM Senior Coroner for Inner North London: Admn 27 Apr 2018

The Society challenged the refusal of the coroner to expedite of deaths for religious reasons, alleging discrimination against Jewish and Muslim families in breach of Convention or statutory rights. Held: Allowed in part. Singh LJ, Whipple J [2018] EWHC 969 (Admin), [2019] QB 251, [2018] WLR(D) 273, (2018) 162 BMLR 217, [2018] HRLR 15, [2018] … Continue reading Adath Yisroel Burial Society and Another, Regina (on The Application of) v HM Senior Coroner for Inner North London: Admn 27 Apr 2018

Oliphant v Boots Management Services Ltd (Practice and Procedure : Amendment): EAT 19 Jun 2013

EAT PRACTICE AND PROCEDURE – Amendment Amendment of pleadings. The Claimant submitted a form ET1 alleging that she had made protected disclosures and had suffered detriment due to that; and that she was disabled and the Respondent had refused to make reasonable adjustments. She submitted an agenda for a Case Management Discussion (CMD) in which … Continue reading Oliphant v Boots Management Services Ltd (Practice and Procedure : Amendment): EAT 19 Jun 2013

Northumberland County Council v Trebillcock (Practice and Procedure : Application or Claim): EAT 25 Apr 2013

EAT PRACTICE AND PROCEDUREApplication/claimWithdrawalThere was an argument before the Employment Tribunal on the question whether any claim under section 18(4) of the Equality Act 2010 had been withdrawn by the terms of a response put in by the Claimant in answer to an order of the Employment Tribunal. On analysis, two questions had to be … Continue reading Northumberland County Council v Trebillcock (Practice and Procedure : Application or Claim): EAT 25 Apr 2013

Northumberland County Council v Trebillcock (Practice and Procedure : Application/Claim): EAT 25 Jun 2013

EAT PRACTICE AND PROCEDUREApplication/claimWithdrawalThere was an argument before the Employment Tribunal on the question whether any claim under section 18(4) of the Equality Act 2010 had been withdrawn by the terms of a response put in by the Claimant in answer to an order of the Employment Tribunal. On analysis, two questions had to be … Continue reading Northumberland County Council v Trebillcock (Practice and Procedure : Application/Claim): EAT 25 Jun 2013

Azam and Co v Legal Services Commission: ChD 5 May 2010

The claimant solicitors had failed to submit their tender for a new contract in time. The respondent refused to accept the late submission. The claimant said that the respondent had not directly notified it of the deadline and so failed to meet its obligations under the 2006 Act and European law, and that the refusal … Continue reading Azam and Co v Legal Services Commission: ChD 5 May 2010

Jivraj v Hashwani: SC 27 Jul 2011

The parties had a joint venture agreement which provided that any dispute was to be referred to an arbitrator from the Ismaili community. The claimant said that this method of appointment became void as a discriminatory provision under the 2003 Regulations. The High Court found the appointment to be outwith the provisions, but this was … Continue reading Jivraj v Hashwani: SC 27 Jul 2011

Commission for Equality and Human Rights v Griffin and Others: Admn 17 Dec 2010

An action against the defendant as chairman of the British National Party had been settled in January 2010 on the basis of an undertaking from him that the constitution of the Party would be amended to comply with the requirements of the 2006 Act. Though the defendant had issued an amendment, the Commission now complained … Continue reading Commission for Equality and Human Rights v Griffin and Others: Admn 17 Dec 2010

HM Land Registry v Grant: EAT 15 Apr 2010

hmlr_grantEAT10 EAT SEXUAL ORIENTATION DISCRIMINATION/TRANSEXUALISMHARASSMENT – ConductPRACTICE AND PROCEDURE – Appellate Jurisdiction /Reasons /Burns-BarkeAn Employment Tribunal accepted that 6 out of 12 complaints of discrimination, and 5 out of 12 of unlawful harassment, were made out. None of the acts complained of, save possibly one, was obviously and intrinsically discriminatory. Each finding relied on the … Continue reading HM Land Registry v Grant: EAT 15 Apr 2010

Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010

The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010

Enderby v Frenchay Health Authority and Another: ECJ 27 Oct 1993

Discrimination – Shifting Burden of Proof (Preliminary Ruling) A woman was employed as a speech therapist by the health authority. She complained of sex discrimination saying that at her level of seniority within the NHS, members of her profession which was overwhelmingly a female profession, were appreciably less well paid than members of comparable professions … Continue reading Enderby v Frenchay Health Authority and Another: ECJ 27 Oct 1993

Regina v North Humberside and Scunthorpe Coroner ex parte Jamieson: CA 27 Apr 1994

The deceased prisoner had hanged himself. He had been a known suicide risk, and his brother said that the authorities being so aware, the death resulted from their lack of care. The inquest heard in full the circumstannces leading up to the death, but the Coroner directed the jury not to return a verdict which … Continue reading Regina v North Humberside and Scunthorpe Coroner ex parte Jamieson: CA 27 Apr 1994

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Ahir v British Airways Plc: EAT 15 Apr 2016

EAT Practice and Procedure: Striking-Out/Dismissal – The Claimant – employed by the Respondent on a fixed-term basis in an airside ground staff capacity – had complained that his dismissal had been an act of victimisation contrary to section 27 Equality Act 2010 (in respect of previous complaints against the Respondent and a more recent complaint … Continue reading Ahir v British Airways Plc: EAT 15 Apr 2016

Mangalore v London School of Economics and Political Science: EAT 1 Nov 2013

EAT Victimisation Discrimination – Although allegations of victimisation were made under section 27 of the Equality Act 2010 the Employment Tribunal had directed itself in terms of a comparator as if the case had been brought pursuant to section 2 of the Race Relations Act 1976. Whilst this was an apparently erroneous approach in fact … Continue reading Mangalore v London School of Economics and Political Science: EAT 1 Nov 2013

Jamu v Asda Stores Ltd and Others: EAT 8 Jun 2016

EAT Disability Discrimination: Reasonable Adjustments – VICTIMISATION DISCRIMINATION – Other forms of discrimination HARASSMENT PRACTICE AND PROCEDURE – Perversity Victimisation – section 27 Equality Act 2010 (‘EqA’); Disability discrimination by reason of a failure to comply with a duty to make reasonable adjustments – section 21 EqA 2010; Harassment – section 26 EqA 2010; Perversity … Continue reading Jamu v Asda Stores Ltd and Others: EAT 8 Jun 2016

Leeds Teaching Hospitals NHS Trust v Dearing and Another: EAT 17 Aug 2017

Failure to explore Victimisation EAT VICTIMISATION DISCRIMINATION Victimisation – section 27 Equality Act 2010 The Claimants were switchboard operators who had earlier pursued ET proceedings complaining of race discrimination in which they had made various criticisms of their managers. Although the ET had dismissed those claims, it was not suggested they were pursued in bad … Continue reading Leeds Teaching Hospitals NHS Trust v Dearing and Another: EAT 17 Aug 2017

London Fire Commissioner and Others v Sargeant and Others (Age Discrimination): EAT 12 Feb 2021

AGE DISCRIMINATION 1. The Employment Tribunal did not err in law in its construction of section 61 of the Equality Act 2010 or its impact on the availability of the defence provided by paragraph 1(1) of Schedule 22 of that Act. 2. Section 61 prohibits the Appellants from acting in a manner which discriminates on … Continue reading London Fire Commissioner and Others v Sargeant and Others (Age Discrimination): EAT 12 Feb 2021

MBT, Regina (on The Application of) v Secretary of State for The Home Department (Restricted Leave; ILR; Disability Discrimination): UTIAC 13 Dec 2019

(i) A decision of the Secretary of State not to grant indefinite leave to remain to a person subject to the restricted leave policy (‘the RL policy’) does not normally engage Article 8 of the European Convention on Human Rights. However, Article 8 may be engaged by a decision to refuse to grant indefinite leave … Continue reading MBT, Regina (on The Application of) v Secretary of State for The Home Department (Restricted Leave; ILR; Disability Discrimination): UTIAC 13 Dec 2019

NA (UT Rule 45: Singh v Belgium) Iran: UTIAC 8 May 2014

(1) Rule 45 of the Asylum and Immigration Tribunal (Procedure) Rules 2005 confers discretionary, procedural case management powers. It does not require the First-tier Tribunal to undertake evidence-gathering. Any direction given under rule 45 to the Secretary of State to seek out or validate evidence must be exercised sparingly and in a fact-sensitive way, bearing … Continue reading NA (UT Rule 45: Singh v Belgium) Iran: UTIAC 8 May 2014

Armstrong and others v Newcastle Upon Tyne NHS Hospital Trust: CA 21 Dec 2005

The claimants claimed equal pay, asserting use of particular comparators. The Trust said that there was a genuine material factor justifying the difference in pay. Held: To constitute a single source for the purpose of article 141, it is not enough for the non-RVI claimants to show that they have the same employer as the … Continue reading Armstrong and others v Newcastle Upon Tyne NHS Hospital Trust: CA 21 Dec 2005

Chalmers v Airpoint Ltd and Others (Sex Discrimination; Victimisation): EAT 16 Dec 2020

The Claimant submitted that the Tribunal had erred in finding that there was no ‘protected act’ for the purposes of ss26 and 27 of the Equality Act 2010. It concluded that the Claimant could not have been harassed or victimised on the ground of sex since the protected acts relied on Respondents were not based … Continue reading Chalmers v Airpoint Ltd and Others (Sex Discrimination; Victimisation): EAT 16 Dec 2020

Ali v Office of The Immigration Services Commissioner (Race Discrimination): EAT 6 Nov 2020

It is unlawful for a person who is not a qualified person to provide immigration advice or services. One route to being a qualified person is to be registered by the Office of the Immigration Services Commissioner (‘OISC’). The OISC also has powers to investigate and prosecute people suspected of providing such services unlawfully. Two … Continue reading Ali v Office of The Immigration Services Commissioner (Race Discrimination): EAT 6 Nov 2020

Element and Others v Tesco Stores Ltd: EAT 31 Oct 2022

Equal Pay – The appeal concerns two narrow points on the meaning of a Job Evaluation Study (‘JES’) under s.80(5) Equality Act 2010 (‘EqA 2010’) and whether, and if so how, the statutory burden of proof provisions in s.136 EqA 2010 apply to the determination at a preliminary hearing of the question of whether a … Continue reading Element and Others v Tesco Stores Ltd: EAT 31 Oct 2022

London Borough of Haringey (Local Government): ICO 5 Oct 2020

The complainant has requested information about the policy considerations given to people with protected characteristics defined by the Equality Act 2010. The London Borough of Haringey originally refused the request as repeated, before later disclosing some information. The Commissioner’s decision is that the London Borough holds no additional information beyond that it has already disclosed … Continue reading London Borough of Haringey (Local Government): ICO 5 Oct 2020

Smith and Others v Ministry of Defence: QBD 30 Jun 2011

Claims were made after the deaths of British troops on active service in Iraq. In one case the deaths were from detonations of improvised explosive devices, and on others as a result of friendly fire. It was said that there had been a foreseeable risk of the deaths. The defendant sought the strike out of … Continue reading Smith and Others v Ministry of Defence: QBD 30 Jun 2011

Smith v The Assistant Deputy Coroner for Oxfordshire: Admn 11 Apr 2008

The claimant’s son had died of hyperthermia whilst serving in the army in Iraq. The parties requested a new inquisition after the coroner had rules that human rights law did not apply to servicemen serving outside Europe. Reports had been prepared but were not disclosed to the coroner until the last day of the inquest … Continue reading Smith v The Assistant Deputy Coroner for Oxfordshire: Admn 11 Apr 2008

Burmah Oil Company (Burma Trading) Limited v Lord Advocate: HL 21 Apr 1964

The General Officer Commanding during the war of 1939 to 1945 ordered the appellants oil installations near Rangoon to be destroyed. The Japanese were advancing and the Government wished to deny them the resources. It was done on the day before the Japanese occupied Rangoon. The question was, whether compensation was payable for this destruction. … Continue reading Burmah Oil Company (Burma Trading) Limited v Lord Advocate: HL 21 Apr 1964

Bici and Bici v Ministry of Defence: QBD 7 Apr 2004

Claimants sought damages for personal injuries incurred when, in Pristina, Kosovo and during a riot, British soldiers on a UN peacekeeping expedition fired on a car. Held: The incidents occurred in the course of peace-keeping duties. It was not argued that they occurred in combat, and it was established that in cases of riot, soldiers … Continue reading Bici and Bici v Ministry of Defence: QBD 7 Apr 2004

Al-Saadoon and Mufdhi v The United Kingdom: ECHR 2 Mar 2009

The claimant Iraqi nationals complained of their long term detention by British forces in Iraq, and of their transfer to the Iraqi authorities for trial for murder. Held: The transfer was a breach of the applicants’ rights. The Iraqis had re-introduced the death penalty for such crimes which they said amounted to war crimes. The … Continue reading Al-Saadoon and Mufdhi v The United Kingdom: ECHR 2 Mar 2009

Jakkhu v Network Rail Infrastructure Ltd: EAT 2 Aug 2019

DISABILITY DISCRIMINATION – Direct disability discrimination DISABILITY DISCRIMINATION – Section 15 VICTIMISATION DISCRIMINATION Disability discrimination – direct discrimination (section 13 Equality Act 2010 ) – discrimination because of something arising in consequences of disability (section 15 Equality Act 2010 ) – victimisation (section 27 Equality Act 2010 ) The Employment Tribunal (‘ET’) had rejected the … Continue reading Jakkhu v Network Rail Infrastructure Ltd: EAT 2 Aug 2019

Lucas v Cosmeceuticals Ltd: EAT 12 Sep 2022

Disability Discrimination; Reasons; Burden of Proof The appellant was employed by the respondent between 13 March and 23 August 2017. Throughout that period the respondent was aware that she had multiple sclerosis. Following her dismissal, she presented claims to the Employment Tribunal under sections 15, 21, 26 and 27 of the Equality Act, 2010 (‘EA’). … Continue reading Lucas v Cosmeceuticals Ltd: EAT 12 Sep 2022

Freeman v Ultra Green Group Ltd: EAT 9 Aug 2011

EAT VICTIMISATION DISCRIMINATION – Protected disclosureUNFAIR DISMISSAL – Automatically unfair reasonsThe Tribunal erred in law in holding that words spoken at a meeting by the Claimant did not amount to information for the purposes of section 43B of the Employment Rights Act 1996. Cavendish Munro Professional Risks Management v Geduld [2010] ICR 125 applied.The Tribunal … Continue reading Freeman v Ultra Green Group Ltd: EAT 9 Aug 2011

Redmond-Bate v Director of Public Prosecutions: Admn 23 Jul 1999

The police had arrested three peaceful but vociferous preachers when some members of a crowd gathered round them threatened hostility. Held: Freedom of speech means nothing unless it includes the freedom to be irritating, contentious, eccentric, heretical, unwelcome and provocative provided it did not tend to provoke violence. There was no reasonable inference available in … Continue reading Redmond-Bate v Director of Public Prosecutions: Admn 23 Jul 1999

Belhaj and Another v Straw and Others: SC 17 Jan 2017

The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political persecution. The defendants now appealed from rejection of the defendants’ claim to state immunity and … Continue reading Belhaj and Another v Straw and Others: SC 17 Jan 2017

Holland v Lampen-Wolfe: HL 20 Jul 2000

The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state immunity. Held: A claim in libel was defeated by a claim of sovereign immunity. … Continue reading Holland v Lampen-Wolfe: HL 20 Jul 2000

Department of Work and Pensions v Robinson (Discrimination : Disability): EAT 23 Jul 2019

The employment tribunal had been bound to dismiss the claimant’s claim for discrimination arising from the claimant’s disability. The claimant had a disability which caused her to suffer from migraines caused by computer software, which the respondent unsuccessfully tried to address by use of screen magnification software. The respondent eventually moved the claimant to a … Continue reading Department of Work and Pensions v Robinson (Discrimination : Disability): EAT 23 Jul 2019

Hall and Another v Bull and Another: Misc 4 Jan 2011

(Bristol County Court) The claimants, homosexual partners in a civil partnership, sought damages after being refused a stay at the bed and breakfast hotel operated by the defendants, who said that this was their home, and that they were committed Christians. Held: The claim succeeded. Rutherford J said: ‘The defendants’ right to have their private … Continue reading Hall and Another v Bull and Another: Misc 4 Jan 2011

London Borough of Hounslow v Powell, Leeds City Council v Hall etc: SC 23 Feb 2011

In each case the tenant occupied the property as his home, but was not a secure tenant of the local authority. The Court was asked whether, in granting a possession order in such a case, the court was obliged to consider the proportionality of the order requested. Powell had been given emergency accomodation as a … Continue reading London Borough of Hounslow v Powell, Leeds City Council v Hall etc: SC 23 Feb 2011

Bessong v Pennine Care NHS Foundation Trust (Race Discrimination – Harassment): EAT 18 Oct 2019

RACE DISCRIMINATION – Harassment, Third-Party Harassment The issue in this appeal is whether s . 26 (1) of the Equality Act 2010 (‘the 2010 Act’) should be interpreted so as to impose liability on an employer for third-party harassment against employees. The Claimant worked as a mental health nurse and was assaulted by a patient … Continue reading Bessong v Pennine Care NHS Foundation Trust (Race Discrimination – Harassment): EAT 18 Oct 2019

Britliff v Birmingham City Council (Disability Discrimination): EAT 16 Aug 2019

The Claimant is pursuing claims of disability discrimination in the Employment Tribunal, which are defended. It is common ground between the parties that for the purposes of an Equality Act 2010 claim the 2006 United Nations Convention on the Rights of Persons with Disabilities has indirect effect. At a Preliminary Hearing the Employment Tribunal correctly … Continue reading Britliff v Birmingham City Council (Disability Discrimination): EAT 16 Aug 2019

Parnaby v Leicester City Council (Disability Discrimination): EAT 19 Jul 2019

DISABILITY DISCRIMINATION – disability – disabled person – section 6 Schedule 1 Equality Act 2010 In finding that the Claimant, who suffered work related stress, was not a disabled person for the purposes of the Equality Act 2010 (‘the EqA’), the Employment Tribunal (‘ET’) accepted that he suffered an impairment that had a substantial adverse … Continue reading Parnaby v Leicester City Council (Disability Discrimination): EAT 19 Jul 2019

Town and Country Glasgow Ltd v Munro (Maternity Rights and Parental Leave — Sex Discrimination): EAT 23 Jul 2019

Sex discrimination – pregnancy and discrimination; Contract Workers; Jurisdiction Contract of employment Maternity Rights and Parental leave – sex discrimination In this case the Employment Appeal Tribunal heard an appeal against the Employment Tribunal’s decision under s 83(2)(a) of the Equality Act 2010. The EAT allowed the appeal and concluded on the facts found proved … Continue reading Town and Country Glasgow Ltd v Munro (Maternity Rights and Parental Leave — Sex Discrimination): EAT 23 Jul 2019

Department of Work and Pensions v Robinson (Disability Discrimination – Section 15 : Jusrisdictional Points – Extension of Time: Just and Equitable): EAT 24 Jul 2019

DISABILITY DISCRIMINATION – Section 15 JUSRISDICTIONAL POINTS – Extension of time: just and equitable The employment tribunal had been bound to dismiss the claimant’s claim for discrimination arising from the claimant’s disability. The claimant had a disability which caused her to suffer from migraines caused by computer software, which the respondent unsuccessfully tried to address … Continue reading Department of Work and Pensions v Robinson (Disability Discrimination – Section 15 : Jusrisdictional Points – Extension of Time: Just and Equitable): EAT 24 Jul 2019

Ambrose v Harris, Procurator Fiscal, Oban, etc: SC 6 Oct 2011

(Scotland) The appellant had variously been convicted in reliance on evidence gathered at different stages before arrest, but in each case without being informed of any right to see a solicitor. The court was asked, as a devolution issue, at what point the duty to allow access to a solicitor arose, and what use might … Continue reading Ambrose v Harris, Procurator Fiscal, Oban, etc: SC 6 Oct 2011

Coll, Regina (on The Application of) v Secretary of State for Justice: SC 24 May 2017

The appellant female prisoner asserted that the much smaller number of probation and bail hostels provided for women prisoners when released on licence was discriminatory in leaving greater numbers of women far removed from their families. Held: A declaration was granted: ‘The provision of Approved Premises in England and Wales by the Secretary of State … Continue reading Coll, Regina (on The Application of) v Secretary of State for Justice: SC 24 May 2017

Essop and Others v Home Office (UK Border Agency): SC 5 Apr 2017

The appellants alleged indirect race and belief discrimination in the conditions of their employment by the respondent. Essop came as lead claimant challenging the tests used for promotion. Statistics showed lower pass rates for BME candidates, but with no explanation of the connection. Naaem was an imam. He began as a part time prison chaplain, … Continue reading Essop and Others v Home Office (UK Border Agency): SC 5 Apr 2017

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003

Prisoner’s death – need for full public enquiry The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death. Held: There had been a police investigation and trial … Continue reading Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003

Citizens Advice Merton and Lambeth Ltd v Mefful: EAT 22 Oct 2021

Disability Discrimination, Whistleblowing, Protected Disclosures The tribunal had been entitled on the evidence to conclude that the respondent’s interim CEO had taken the decision to dismiss the claimant on 19 March 2012 and the respondent’s challenge to the ET’s findings of fact on the dismissal decision therefore failed. However the tribunal erred by then taking … Continue reading Citizens Advice Merton and Lambeth Ltd v Mefful: EAT 22 Oct 2021

London Borough of Islington v Ladele: EAT 19 Dec 2008

EAT RELIGION OR BELIEF DISCRIMINATION The claimant was a Registrar who, amongst other things, registered marriages. When the Civil Partnerships Act came into force, she refused to participate in registering such partnerships because to do so was inconsistent with her religious beliefs. The council insisted that she should undertake at least some of these duties, … Continue reading London Borough of Islington v Ladele: EAT 19 Dec 2008

Home Office (UK Border Agency) v Essop and Others: CA 22 Jun 2015

The appellant challenged a finding that it was guilty of indirect race discrimination. A statistical study showed that BME candidates did rather less well on a standard assessment test, but while the correlation was clear, the manner of discrimination was unidentifiable. Held: The appeal succeeded. The claimants had to show why the requirement to pass … Continue reading Home Office (UK Border Agency) v Essop and Others: CA 22 Jun 2015

Kaur and Another, Regina (on the Application of) v London Borough of Ealing and Another: Admn 29 Jul 2008

The applicants, representatives of the Black Sisters, challenged the implementation of a policy allocating grants. The authority required the services sponsored to provise services irrespective of race. The Black Sisters said this would impact disproportionately on black and ethnic minorities. Held: A Minister must assess the risk and extent of any adverse impact and the … Continue reading Kaur and Another, Regina (on the Application of) v London Borough of Ealing and Another: Admn 29 Jul 2008

A Ltd v Z: EAT 28 Mar 2019

Disability related discrimination – section 15(2) – knowledge; section 15(1)(b) – justification; loss and mitigation; compensation It was accepted that the Claimant was a disabled person for the purposes of the Equality Act 2010 – by reason of the fact she suffered from mental and psychiatric impairments, namely stress, depression, low mood and schizophrenia – … Continue reading A Ltd v Z: EAT 28 Mar 2019

Charman v Charman (No 4): CA 24 May 2007

The court considered what property should be considered in an ancillary relief claim on divorce, and said: ‘To what property does the sharing principle apply? The answer might well have been that it applies only to matrimonial property, namely the property of the parties generated during the marriage otherwise than by external donation; and the … Continue reading Charman v Charman (No 4): CA 24 May 2007

Taylor v OCS Group Ltd: CA 31 May 2006

The employer appealed against findings of unfair dismissal and disability discrimination. The employee worked in IT. He was profoundly deaf, but could lip read and read sign language. He had been accused of obtaining improper access to a senior staff member’s emails. During the disciplinary hearing, he had been assisted by an interpreter for part … Continue reading Taylor v OCS Group Ltd: CA 31 May 2006

Isayeva, Yusupova And Bazayeva v Russia: ECHR 24 Feb 2005

ECHR Judgment (Merits and Just Satisfaction). The court considered the duties of a signatory state under article 2 when taking substantial military actions against insurgents. Citations: 57949/00, [2005] ECHR 129, 57947/00, 57948/00, (2005) 41 EHRR 39 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 2 Jurisdiction: Human Rights Cited by: Cited – Smith, Regina … Continue reading Isayeva, Yusupova And Bazayeva v Russia: ECHR 24 Feb 2005

Philander v Leonard Cheshire Disability: EAT 1 Nov 2018

UNFAIR DISMISSAL – Reason for dismissal including substantial other reason CONTRACT OF EMPLOYMENT – Wrongful dismissal DISABILITY DISCRIMINATION – Direct disability discrimination The Employment Tribunal (‘ET’) was entitled to conclude that the Respondent had established a conduct reason for dismissal on account of the Claimant before the ET’s gross negligence. The reason had not been … Continue reading Philander v Leonard Cheshire Disability: EAT 1 Nov 2018

Oladipo v Lush Retail Ltd: EAT 16 Aug 2018

VICTIMISATION DISCRIMINATION – Other forms of victimisation The Tribunal’s approach to and reasons for its Judgment in relation to the Claimant’s complaint of victimisation dismissal and some of the evidence were unclear. Overall, and on the particular facts of the case, the lack of findings about the dismissing officers’ knowledge or belief of the protected … Continue reading Oladipo v Lush Retail Ltd: EAT 16 Aug 2018

Sinclair v Her Majesty’s Advocate: PC 11 May 2005

(Devolution) The defendant complained that the prosecutor had failed to disclose all the witness statements taken, which hid inconsistencies in their versions of events. Held: The appeal was allowed. It was fundamental to a fair trial that the parties have equality of arms, but in a criminal trial the rights were entirely in the defendant. … Continue reading Sinclair v Her Majesty’s Advocate: PC 11 May 2005

Klonowska-Socha v Falk Ambulance Services Ltd: EAT 20 Jan 2022

DISABILITY DISCRIMINATION and PRACTICE AND PROCEDURE Disability Discrimination – Direct Discrimination – Section 13 Equality Act 2010 – Burden of Proof – Section 136 Equality Act 2010 Practice and Procedure – Employment Tribunal Reasons The claimant complained of direct disability discrimination in relation to her dismissal (purportedly for performance issues) and in respect of matters … Continue reading Klonowska-Socha v Falk Ambulance Services Ltd: EAT 20 Jan 2022

Sacker, Regina (on the Application of) v Coroner for the County of West Yorkshire: HL 11 Mar 2004

The deceased committed suicide in prison. Her family sought to have added to the verdict the words ‘contributed by neglect’ and complained that the inquest had not provided a full and proper investigation of the death. Held: The Act needed to be read in its broader meaning to be compliant with the 1998 Act. ‘The … Continue reading Sacker, Regina (on the Application of) v Coroner for the County of West Yorkshire: HL 11 Mar 2004

Menson v United Kingdom: ECHR 6 May 2003

There had been a racist attack. The victim was set on fire and killed in the street by assailants. His relatives sought compensation. However the assailants were not agents of the state and they were duly prosecuted, convicted and sentenced. No blame attached to state authorities for the killing and no breach of the state’s … Continue reading Menson v United Kingdom: ECHR 6 May 2003

Saad v Southampton University Hospitals NHS Trust: EAT 22 Aug 2018

VICTIMISATION DISCRIMINATION – Other forms of victimisation Victimisation – section 27(3) Equality Act 2010 In 2011, when facing the likelihood that he would fail the assessment required to qualify as a Consultant Cardiothoracic Surgeon, the Claimant raised a grievance regarding a (race) discriminatory remark alleged to have been made some four years previously. Although the … Continue reading Saad v Southampton University Hospitals NHS Trust: EAT 22 Aug 2018

Al Skeini and Others, Regina (on the Application of) v Secretary of State for Defence and Another: Admn 14 Dec 2004

Several dependants of persons killed in Iraq by British troops claimed damages. Held: The court considered extensively the scope and applicability of Article 1 duties. In general an English court would have no jurisdiction over deaths abroad at the hands of British troops in a war situation. One death however had occurred whist the deceased … Continue reading Al Skeini and Others, Regina (on the Application of) v Secretary of State for Defence and Another: Admn 14 Dec 2004

South West Yorkshire Partnership NHS Foundation Trust v Jackson and Others: EAT 22 Nov 2018

MATERNITY RIGHTS AND PARENTAL LEAVE The Claimant was on maternity leave while a redundancy exercise was being carried out. An important e-mail requiring her to fill in a redeployment document and return it to HR as soon as possible was sent to her work e-mail address which she was not accessing. As a result, she … Continue reading South West Yorkshire Partnership NHS Foundation Trust v Jackson and Others: EAT 22 Nov 2018

RD and GD v The Proprietor of Horizon Primary (Responsible Body) (SEN): UTAA 30 Sep 2020

Registration procedure for disability discrimination claims – refusal to register part of a claim as `time barred’ in plainly disputed issue – ignorance or oversight of relevant law (Equality Act 2010, Schedule 17, paras 4(5)(b) (conduct extending over a period) and 4(3) (discretion to extend time) – refusal tantamount to striking out without protection of … Continue reading RD and GD v The Proprietor of Horizon Primary (Responsible Body) (SEN): UTAA 30 Sep 2020

MA and Others, Regina (on The Application of) v The Secretary of State for Work and Pensions: SC 9 Nov 2016

The appellants claimed housing benefit. They appealed against rejection of their claims that the imposition of limits to the maximum sums payable, ‘the bedroom tax’, was unlawful on equality grounds. The claimants either had disabilities, or lived with dependent family with disabilities, or live in what are known as ‘sanctuary scheme’ homes (accommodation specially adapted … Continue reading MA and Others, Regina (on The Application of) v The Secretary of State for Work and Pensions: SC 9 Nov 2016

Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006

The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception to state immunity. Held: The Kingdom’s appeal succeeded. The protection of state immunity was essentially a … Continue reading Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006

Bracking and Others v Secretary of State for Work and Pensions: CA 6 Nov 2013

Application for permission to appeal against refusal of leave to bring judicial review of decision by the respondent to close the Independent Living Fund. Held: McCombe LJ summarised the application of section 149 of the 2010 Act: ‘1 . . equality duties are an integral and important part of the mechanisms for ensuring the fulfilment … Continue reading Bracking and Others v Secretary of State for Work and Pensions: CA 6 Nov 2013

National Association of Health Stores and Another, Regina (on the Application of) v Department of Health: CA 22 Feb 2005

Applications were made to strike down regulations governing the use of the herbal product kava-kava. Held: The omission of any transtitional provisions had not affected anyone. Nor was the failure to consult as to the possibility of dealing with the issue by use of a warning label fatal to the regulations. The Minister’s own personal … Continue reading National Association of Health Stores and Another, Regina (on the Application of) v Department of Health: CA 22 Feb 2005

Loizidou v Turkey (Merits): ECHR 18 Dec 1996

The court was asked whether Turkey was answerable under the Convention for its acts in Northern Cyprus. Held: It was unnecessary to determine whether Turkey actually exercised detailed control over the policies and actions of the authorities of the TRNC. It was obvious from the fact that more than 30,000 Turkish military personnel were engaged … Continue reading Loizidou v Turkey (Merits): ECHR 18 Dec 1996

Joint Council for The Welfare of Immigrants, Regina (on The Application of) v Secretary of State for The Home Department: Admn 1 Mar 2019

The claimants challenged as discriminatory the statutory requirement for landlords to verify the immigration status of potential tenants and land occupiers. Held: The challenge succeeded. Judges: Martin Spencer Citations: [2019] EWHC 452 (Admin) Links: Bailii Statutes: Human Rights Act 1998 4, Immigration Act 2014 20-37, European Convention on Human Rights 8 14, Equality Act 2010 … Continue reading Joint Council for The Welfare of Immigrants, Regina (on The Application of) v Secretary of State for The Home Department: Admn 1 Mar 2019

Gan Menachem Hendon Ltd v De Groen (Sex Discrimination : Religion or Belief Discrimination : Harassment): EAT 12 Feb 2019

SEX DISCRIMINATION – Direct SEX DISCRIMINATION – Indirect RELIGION OR BELIEF DISCRIMINATION HARASSMENT The Appeal Tribunal dismissed appeals against findings that the Respondent had been subjected to direct sex discrimination and harassment. The Tribunal’s findings of fact were a sufficient basis for its conclusions on each of these claims. The Appeal Tribunal allowed the Appellant’s … Continue reading Gan Menachem Hendon Ltd v De Groen (Sex Discrimination : Religion or Belief Discrimination : Harassment): EAT 12 Feb 2019

Nissa v Waverly Education Foundation Ltd and Another: EAT 19 Nov 2018

Disability – definition – ‘substantial’ – ‘long-term’ Until she resigned on 31 August 2016, the Claimant was employed by the Respondent as a Science Teacher. In her subsequent ET claim, she contended she had suffered disability discrimination; it was the Claimant’s case that, since December 2015, she had suffered from a physical impairment, ultimately diagnosed … Continue reading Nissa v Waverly Education Foundation Ltd and Another: EAT 19 Nov 2018