lisboa_realpubsEAT11 EAT SEXUAL ORIENTATION DISCRIMINATION Whether Respondent’s policy of encouraging a wider clientele at a formerly gay pub involved less favourable treatment of gay customers causing the Claimant to resign in circumstances amounting to discriminatory constructive (and wrongful) dismissal, applying principles in Showboat, approved in Wethersfield v Sargent.Employment Tribunal fell into error in focussing on … Continue reading Lisboa v Realpubs Ltd and Others: EAT 11 Jan 2011
The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers. Held: The Regulation was within the scope of the Directive. Though a member state had some freedom in implementing a … Continue reading Regina (Amicus etc) v Secretary of State for Trade and Industry: Admn 26 Apr 2004
In a claim for sex discrimination by the police the court was asked whether the judge in the Central London County Court was right to overrule Mr Cary’s objection to a particular individual acting as an assessor on the ground that, for this type of case, an assessor is required to have specific experience and … Continue reading Cary v Commissioner of Police for The Metropolis Equality and Human Rights Commission: CA 17 Jul 2014
The claimants had acted as foster carers for several years, but challenged a potential decision to discontinue that when, as committed Christians, they refused to sign to agree to treat without differentiation any child brought to them who might be homosexual. A declaration was sought as to the legality of the proposed decision. Held: A … Continue reading Johns and Another, Regina (on The Application of) v Derby City Council and Another: Admn 28 Feb 2011
The defendant appealed against a finding that he had so operated his bed and breakfast facility as to infringe the claimant’s rights under the 2007 regulations, by not providing accomodation for the claimant a homosexual couple. Held: Applying Preddy, this was direct discrimination. Lord Dyson MR, Arden, McCombe LJJ  EWCA Civ 820,  WLR(D) … Continue reading Black and Another v Wilkinson: CA 9 Jul 2013
The appellant was employed as a registrar. She refused to preside at same sex partnership ceremonies, saying that they conflicted with her Christian beliefs. Held: The council’s decision had clearly disadvantaged the claimant, and the question was whether its policies were a proportionate way of achieving a legitimate aim. They were. The overarching policy was … Continue reading Ladele v London Borough of Islington: CA 15 Dec 2009
The appellants owned a guesthouse. They appealed from being found in breach of the Regulations. They had declined to honour a booking by the respondents of a room upon learning that they were a homosexual couple. The appellants had said that they were practising Christians and viewed the guest house as their home, and that … Continue reading Bull and Bull v Hall and Preddy: CA 10 Feb 2012
Eweida_ukECHR2013 The named claimant had been employed by British Airways. She was a committed Christian and wished to wear a small crucifix on a chain around her neck. This breached the then dress code and she was dismissed. Her appeals had failed. Other claimants had variously relied upon their Christian faith to justify refusal to … Continue reading Eweida And Others v The United Kingdom: ECHR 15 Jan 2013
The Claimants opposed the Regulations which prohibited discrimination or harassment on grounds of sexual orientation on the grounds inter alia that they offended orthodox Christian beliefs and violated rights under the ECHR. Held: The outlawing of harassment in the case of sexual orientation may well involve interference with the freedom to manifest a religious belief. … Continue reading The Christian Institute and Others, Re Application for Judicial Review: QBNI 11 Sep 2007
The charity appealed against refusal of permission to amend its charitable objects as set out in the memorandum of association. The charity was successful as an adoption agency particularly in placing children who would otherwise have had difficulty finding a home, following the principles of the Roman Catholic Church, and it wanted to restrict its … Continue reading Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales and Another: ChD 17 Mar 2010
The court considered whether a power of appeal to the existed.
Held: A power did exist under FETO, and the CANI having mistakenly excluded a power to appeal the Supreme Court could nevertheless hear it. Both appeals were allowed. . .
The claimant appealed dismissal of his claim for harrassment and sex discrimination. Though heterosexual, he had been subject to persistent jokes that he was homosexual. The court first asked whether the alleged conduct was ‘on the grounds of sexual . .
Statement of Facts and Questions to parties . .
(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 . .
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