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S v Floyd, Equality and Human Rights Commission: CA 18 Mar 2008

The court considered the relationship between the two Acts. The assured tenant had fallen into arrears, and was subject to an order for possession. He claimed that his disability required the court not to make an order for possession against her, and that arrears of payable housing benefits would clear the debt. Held: The appeal … Continue reading S v Floyd, Equality and Human Rights Commission: CA 18 Mar 2008

Lindorfer v Council (Staff Regulations): ECJ 30 Nov 2006

EU Appeal – Community official – Transfer of pension rights – Calculation of additional pensionable service – Equality of treatment. Judges: Advocate General Jacob Citations: C-227/04, [2006] EUECJ C-227/04 – O Links: Bailii Jurisdiction: European Cited by: Cited – Age UK, Regina (On the Application of) v Attorney General Admn 25-Sep-2009 Age UK challenged the … Continue reading Lindorfer v Council (Staff Regulations): ECJ 30 Nov 2006

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

Rogers, Regina (on the Application of) v Swindon NHS Primary Care Trust: CA 12 Apr 2006

The claimant challenged the policy of her local health authority not to allow prescription to her of the drug Herceptin. Held: The policy had not been settled upon lawfully and was to be set aside. On the one hand the PCT developed a policy which treated financial considerations as irrelevant, but at the same time … Continue reading Rogers, Regina (on the Application of) v Swindon NHS Primary Care Trust: CA 12 Apr 2006

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

Stec and Others v United Kingdom: ECHR 12 Apr 2006

(Grand Chamber) The claimants said that differences between the sexes in the payment of reduced earning allowances and retirement allowances were sex discrimination. Held: The differences were not infringing sex discrimination. The differences arose from the differences in pensionable ages for men and women introduced in 1940 in order to help remedy severe social inequalities … Continue reading Stec and Others v United Kingdom: ECHR 12 Apr 2006

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

Powerhouse Retail Ltd and others v Burroughs and others; Preston and others v Wolverhampton Healthcare NHS Trust and others (No 3): HL 8 Mar 2006

The appellants said they had been had been discriminated against on the grounds of their sex by the TUPE Regulations. Their discrimination cases had been dismissed as out of time. Held: The employees’ appeals were dismissed: ‘A statute cannot speak with two different voices at one and the same time. The rule that section 2(4) … Continue reading Powerhouse Retail Ltd and others v Burroughs and others; Preston and others v Wolverhampton Healthcare NHS Trust and others (No 3): HL 8 Mar 2006

Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

Rossi v Rossi: FD 26 Jun 2006

W sought to challenge transactions entered into by H anticipating ancillary relief proceedings on their divorce. Nicholas Mostyn QC J said: ‘While of course no rigid rule can be expressed for the infinite variety of facts that arise in ancillary relief cases, I would have thought, generally speaking, that it would be very difficult for … Continue reading Rossi v Rossi: FD 26 Jun 2006

Amwell View School v Dogherty: EAT 15 Sep 2006

amwell_dogherty The claimant had secretly recorded the disciplinary hearings and also the deliberations of the disciplinary panel after their retirement. The tribunal had at a case management hearing admitted the recordings as evidence, and the defendant appealed, saying also that it had been disclosed too late. Held: The evidence contained in the recordings was relevant … Continue reading Amwell View School v Dogherty: EAT 15 Sep 2006

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

Miller v Miller; McFarlane v McFarlane: HL 24 May 2006

Fairness on Division of Family Capital The House faced the question of how to achieve fairness in the division of property following a divorce. In the one case there were substantial assets but a short marriage, and in the other a high income, but low capital. Held: The 1973 Act gives only limited guidance on … Continue reading Miller v Miller; McFarlane v McFarlane: HL 24 May 2006

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

AC v Berkshire West Primary Care Trust, Equality and Human Rights Commissions intervening: Admn 25 May 2010

The claimant, a male to female transsexual, challenged a decision by the respondent to refuse breast augmentation treatment. The Trust had a policy ‘GRS is a Low Priority treatment due to the limited evidence of clinical effectiveness and is not routinely funded.’ Held: The claim for judicial review failed. There was no general medical concensus … Continue reading AC v Berkshire West Primary Care Trust, Equality and Human Rights Commissions intervening: Admn 25 May 2010

BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another: QBD 9 Feb 2007

The claimants said that changes to the Highy Skilled Migrant Programme were unfairly introduced, that they had effectively barred non-EU doctors from applying for first tier doctor appointments, and that the guidance could properly be derived only . .

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

Johns and Another, Regina (on The Application of) v Derby City Council and Another: Admn 28 Feb 2011

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

National Secular Society and Another, Regina (on The Application of) v Bideford Town Council: Admn 10 Feb 2012

The claimant challenged the placing of a prayer on the agenda of the respondent’s meetings. Held: The claim succeeded. The placing of such elements on the Agenda was outside the powers given to the Council, and the action was ultra vires: ‘S111 is the statutory expression of the powers implied by common law for corporations. … Continue reading National Secular Society and Another, Regina (on The Application of) v Bideford Town Council: Admn 10 Feb 2012

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

Bull and Bull v Hall and Preddy: CA 10 Feb 2012

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

E, Regina (On the Application of) v The Governing Body of JFS and Another: CA 25 Jun 2009

E challenged the admissions policy of a school which admitted by preference children acknowledged to be Jewish by the Office of their Rabbi. His mother being Jewish by conversion in a progressive synagogue, E was excluded. The claimant suggested that the policy ‘elides the grounds of an act with its motive, whereas what the legislation … Continue reading E, Regina (On the Application of) v The Governing Body of JFS and Another: CA 25 Jun 2009

Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales and Another: ChD 17 Mar 2010

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

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

McFarlane v Relate Avon Ltd: EAT 30 Nov 2009

EAT RELIGION OR BELIEF DISCRIMINATIONUNFAIR DISMISSAL – Reason for dismissalChristian counsellor dismissed by Relate for failing to give an unequivocal commitment to counsel same-sex couples.Held: Tribunal right to dismiss claims of discrimination (direct and indirect) contrary to the Employment Equality (Religion or Belief) Regulations 2003 and of unfair dismissal – London Borough of Islington v … Continue reading McFarlane v Relate Avon Ltd: EAT 30 Nov 2009

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

Sandiford, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: CA 22 May 2013

The appellant, a British national and European citizen was in prison in Bali convicted of a criminal charge for which she might face the death penalty. Having insufficient funds she sought legal assistance from the respondent for her appeal, and now appealed against its refusal. Held: The appeal failed. The respondent’s policy was clear and … Continue reading Sandiford, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: CA 22 May 2013

Pulham and Others v London Borough Of Barking and Dagenham: EAT 28 Oct 2009

EAT AGE DISCRIMINATIONThe Council operated a scheme rewarding loyalty and experience under which employees were paid increments if they satisfied both a length-of-service and an age criterion. The scheme was terminated with effect from 1.4.07, but employees already in receipt of increment were allowed to retain it by way of ‘pay protection’. The Claimant sought … Continue reading Pulham and Others v London Borough Of Barking and Dagenham: EAT 28 Oct 2009

Securicor Omega Express Ltd v GMB (A Trade Union): EAT 7 Apr 2003

EAT The company decided to close two branches and make redundancies. They presented the closure itself as a fait accompli to the union representatives. The Tribunal found that this involved a failure to consult about ways of avoiding redundancies because the decision to close had been determined prior to any meeting with the union. Held: … Continue reading Securicor Omega Express Ltd v GMB (A Trade Union): EAT 7 Apr 2003

Campbell v Port of Larne, Larne Harbour Ltd: NIIT 16 Jan 2009

NIIT Age discrimination is now prohibited, in certain employment situations, by the Employment Equality (Age) Regulations (Northern Ireland) 2006 (‘the Regulations’).The provisions of the Regulations which are relevant in the present context came into force on 1 October 2006.Article 7(1) of the Regulations makes it unlawful for an employer, in the context of an employment … Continue reading Campbell v Port of Larne, Larne Harbour Ltd: NIIT 16 Jan 2009

Siddall, Regina (on the Application of) v Secretary of State for Justice: Admn 16 Mar 2009

The claimant had been imprisoned then released after his conviction for sexual assaults. He appealed against rejection of his claim for compensation. The criterion for compensation was demonstrating that something had ‘gone seriously wrong in the conduct of the trial.’ Held: The claim failed. ‘a true analysis of the law is in any event less … Continue reading Siddall, Regina (on the Application of) v Secretary of State for Justice: Admn 16 Mar 2009

Train v DTE Business Advisory Services Ltd and Associated Co (T/A DTE Chartered Accountants) and others: EAT 6 Jan 2009

EAT JURISDICTIONAL POINTS: Worker, employee or neitherWhether an accountant was a partner or employee in circumstances where a former partnership traded through limited companies under the terms of a Shareholders Agreement, itself said not to constitute a partnership.On the particular facts the Employment Tribunal were entitled to find that he was a partner and not … Continue reading Train v DTE Business Advisory Services Ltd and Associated Co (T/A DTE Chartered Accountants) and others: EAT 6 Jan 2009

Rolls Royce Plc v Unite the Union: QBD 17 Oct 2008

The company had entered into collective agreements with the union governing criteria and procedures for redundancy selection. The company said that the criteria were not compliant with the age discrimination regulations. Held: The union was correct and the agreement was compliant. Judges: Morison J Citations: [2008] EWHC 2420 (QB) Links: Bailii Statutes: Employment Equality (Age) … Continue reading Rolls Royce Plc v Unite the Union: QBD 17 Oct 2008

Wood v Durham County Council: EAT 3 Sep 2018

DISABILITY DISCRIMNATION – Exclusions/jurisdictions The Tribunal had not erred in concluding that a manifestation of the Claimant’s post-traumatic stress disorder and dissociative amnesia was a tendency to steal which was an excluded condition pursuant to Regulation 4(1)(b) Equality Act 2010 (Disability) Regulations 2010 (SI 2010/2128). The ET was entitled, on the evidence, to reject the … Continue reading Wood v Durham County Council: EAT 3 Sep 2018

In re Officer L: HL 31 Jul 2007

Police officers appealed against refusal of orders protecting their anonymity when called to appear before the Robert Hamill Inquiry. Held: ‘The tribunal accordingly approached the matter properly under article 2 in seeking to ascertain whether giving evidence would give rise to a materially increased risk to life. Having found that it did not, it did … Continue reading In re Officer L: HL 31 Jul 2007

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

Ezsias v North Glamorgan NHS Trust: CA 7 Mar 2007

The employer had applied to strike out their employee’s claim for unfair dismissal, and also sought a deposit from the claimant. The claim had been re-instated by the EAT. Held: A claim should not be struck out where, as here, there were facts in dispute between the parties which might affect the decision. It was … Continue reading Ezsias v North Glamorgan NHS Trust: CA 7 Mar 2007

Ince Gordon Dadds Llp and Others v J Tunstall and Others: EAT 19 Jun 2019

Practice and Procedure – Stay – Paragraph 43(6) Schedule B1 Insolvency Act 1986 The Claimant had commenced Employment Tribunal (‘ET’) proceedings against eight Respondents. Subsequently, the first two Respondents (one of which had been the Claimant’s employer) went into administration and a stay was imposed on the proceedings under paragraph 43(6) Schedule B1 Insolvency Act … Continue reading Ince Gordon Dadds Llp and Others v J Tunstall and Others: EAT 19 Jun 2019

D Holc-Gale v Makers UK Ltd: EAT 30 Nov 2005

EAT Practice and Procedure – 2002 Act and pre-action requirements. Regulation 14 2004 Regulations; excluding discrimination Questionnaires from definition of statutory grievance. When failure to comply with SGP may be raised. Whether SGP requirement offends European Law.The Regulations cannot be circumvented by contending that the grievance identified in the preamble to the questions can be … Continue reading D Holc-Gale v Makers UK Ltd: EAT 30 Nov 2005

Fielden, Graham (Executors of Cunliffe deceased) v Cunliffe: CA 6 Dec 2005

The will was executed anticipating the marriage to the respondent, leaving assets on discretionary trusts for the responent and various family members and others. She had come to work for the deceased as his housekeeper, but later they came to marry. The marriage took place about one year before the death. Held: ‘in relation to … Continue reading Fielden, Graham (Executors of Cunliffe deceased) v Cunliffe: CA 6 Dec 2005

Fisscher v Voorhuis Hengelo and Stichting Bedrijfspensioenfonds voor de Detailhandel: ECJ 28 Sep 1994

Europa The right to join an occupational pension scheme, the rules of which were not laid down directly by law but were the result of negotiation between both sides of the industry concerned and all that the public authorities did was, at the request of such employers’ and trade union organizations as were considered to … Continue reading Fisscher v Voorhuis Hengelo and Stichting Bedrijfspensioenfonds voor de Detailhandel: ECJ 28 Sep 1994

Sharp v Caledonia Group Services Ltd: EAT 1 Nov 2005

EAT Equal Pay Act – Material factor defence – In an equal pay claim involving a presumption of direct discrimination the genuine material factor defence requires justification by objective criteria.The claimant appealed dismissal of her action for equal pay, saying that the ‘material factor’ defence used to justify a different payment had been incorrectly applied. … Continue reading Sharp v Caledonia Group Services Ltd: EAT 1 Nov 2005

A C Redfearn v Serco Ltd T/A West Yorkshire Transport Service: EAT 27 Jul 2005

The claimant said that he had been indirectly discriminated against on racial grounds. He was dismissed after being elected as a local councillor for the BNP. The employer considered that for Health and Safety reasons, his dismissal was necessary because of the upset and disturbance his continued employment would create with Asian co-workers and passengers. … Continue reading A C Redfearn v Serco Ltd T/A West Yorkshire Transport Service: EAT 27 Jul 2005

Powerhouse Retail Ltd and others v Burroughs and others: CA 7 Oct 2004

The court considered the non-admission of part time workers to pension scheme benefits after a transfer of employment. Held: (Pill LJ) While the effect of TUPE was that the continuing contract of employment was deemed always to have been with the transferee, the pension rights had been removed from it and it could not be … Continue reading Powerhouse Retail Ltd and others v Burroughs and others: CA 7 Oct 2004

Dudson, Regina (on the Application of) v Secretary of State for the Home Department: HL 28 Jul 2005

The defendant had committed a murder when aged 16, and after conviction sentenced to be detailed during Her Majesty’s Pleasure. His tarriff had been set at 18 years, reduced to 16 years after review. Held: ‘What is at issue is the general right to a ‘fair and public hearing’ in article 6(1). There is no … Continue reading Dudson, Regina (on the Application of) v Secretary of State for the Home Department: HL 28 Jul 2005

Pla and Puncernau v Andorra: ECHR 13 Jul 2004

A will made by a widow in 1939, left certain property to her son Francesc-Xavier, as tenant for life, with a stipulation that he was to leave this inheritance to a son or grandson of a lawful and canonical marriage, failing which the estate was to pass to the children and grandchildren of the testatrix’s … Continue reading Pla and Puncernau v Andorra: ECHR 13 Jul 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

European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003

A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now subjected to a much more rigorous examination than others, and also that the arrangement put the respondent in … Continue reading European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003

Jasper v The United Kingdom: ECHR 16 Feb 2000

Grand Chamber – The defendants had been convicted after the prosecution had withheld evidence from them and from the judge under public interest immunity certificates. They complained that they had not had fair trials. Held: The right was breached insofar as the prosecution had themselves sought to make that assessment without judicial involvement. Disclosure at … Continue reading Jasper v The United Kingdom: ECHR 16 Feb 2000

De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others: PC 30 Jun 1998

(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to speak out. Held: The demonstration did contravene the restriction on publishing his views. Analogies … Continue reading De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others: PC 30 Jun 1998

X, Regina (on the Application of) v Y School: Admn 21 Feb 2007

The court was asked whether a school was entitled to refuse to allow a Muslim girl to wear the niqab full face veil at school. The reasons were ‘first educational factors resulting from a teacher being unable to see the face of the girl with a niqab; second the importance of a uniform policy as … Continue reading X, Regina (on the Application of) v Y School: Admn 21 Feb 2007

Preston and Others v Wolverhampton Healthcare NHS and Others; Fletcher and Others v Midland Bank Plc: HL 26 Feb 1998

‘Employment’ in context of a sex discrimination claim referred to a current employment contract even in context of there having been a series of repeated contracts of employment. The question was referred to the European Court of Justice. Judges: Lord Slynn of Hadley, Lord Goff of Chieveley Lord Nolan Lord Hope of Craighead Lord Clyde … Continue reading Preston and Others v Wolverhampton Healthcare NHS and Others; Fletcher and Others v Midland Bank Plc: HL 26 Feb 1998

Core Issues Trust v Transport for London: Admn 22 Mar 2013

The claimant sought judicial review of the decision made by TfL not to allow an advertisement on behalf of the Trust to appear on the outside of its buses. It was to read: ‘NOT GAY! EX-GAY, POST-GAY AND PROUD. GET OVER IT!’. The decision was said to be based on the resondent’s policies. The respondent … Continue reading Core Issues Trust v Transport for London: Admn 22 Mar 2013

Christian Education South Africa v Minister of Education: 2001

(South African Constitutional Court) The court emphasised the fundamental importance of the right to express one’s religion in a pluralistic, multi-cultural society.Sachs J observed: ‘The underlying problem in any open and democratic society based on human dignity, equality and freedom in which conscientious and religious freedom has to be regarded with appropriate seriousness, is how … Continue reading Christian Education South Africa v Minister of Education: 2001

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

Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3): HL 24 Mar 1999

An application to extradite a former head of state for an offence which was not at the time an offence under English law would fail, but could proceed in respect of allegations of acts after that time. No immunity was intended for heads of state. International law prohibiting torture has the character of jus cogens … Continue reading Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3): HL 24 Mar 1999

Caledonian Railway Co v Walker’s Trustees: 1882

The court considered the extent of the duty to compensate for disturbance of a business when land was compulsorily purchased. Lord Selborne LC said: ‘The obstruction by the execution of the work, of a man’s direct access to his house or land, whether such access be by a public road or by private way, is … Continue reading Caledonian Railway Co v Walker’s Trustees: 1882

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

The Pharmaceutical Services Negotiating Committee and Another, Regina (on The Application of) v The Secretary of State for Health: CA 23 Aug 2018

Judges: Irwin, Hickinbottom LJJ, Sir Jack Beatson Citations: [2018] EWCA Civ 1925, [2018] WLR(D) 556 Links: Bailii, WLRD Statutes: National Health Service Act 2006 1 1C, Equality Act 2010 149(1) Jurisdiction: England and Wales Health Professions, Discrimination Updated: 26 April 2022; Ref: scu.621537

Reading Borough Council v James and Others: EAT 7 Jun 2018

This appeal raises a short point of law concerning the temporal scope of a pay comparison in proceedings based on equal pay for work of equal value brought under the Equal Pay Act 1970. The Claimants sought arrears of pay dating back to 2002, comparing themselves with two comparators in post from that time and … Continue reading Reading Borough Council v James and Others: EAT 7 Jun 2018

G v G (Financial Provision Equal Division): FD 2 Jul 2002

The family assets were in the region of andpound;8.5M. The wife sought a half share. The husband proposed that she should have 40%. The husband had built the family fortune through exceptional hard work and astute business acumen in the field of substantial development and construction projects. The court considered how capital and income could … Continue reading G v G (Financial Provision Equal Division): FD 2 Jul 2002

Gillick v West Norfolk and Wisbech Area Health Authority and Department of Health and Social Security: HL 17 Oct 1985

Lawfulness of Contraceptive advice for Girls The claimant had young daughters. She challenged advice given to doctors by the second respondent allowing them to give contraceptive advice to girls under 16, and the right of the first defendant to act upon that advice. She objected that the advice infringed her rights as a parent, and … Continue reading Gillick v West Norfolk and Wisbech Area Health Authority and Department of Health and Social Security: HL 17 Oct 1985

Graysons Restaurants Ltd v Jones and Others: EAT 7 Nov 2017

EAT TRANSFER OF UNDERTAKINGS – Insolvency RIGHTS ON INSOLVENCY Two short questions of construction arise in an employer insolvency context concerning rights of employees to arrears of pay under Part XII ERA 1996. The first is whether a claim for equal pay arrears is a claim for ‘arrears of pay’, and in circumstances where the … Continue reading Graysons Restaurants Ltd v Jones and Others: EAT 7 Nov 2017

Farmah v Birmingham City Council (1): EAT 20 Jun 2017

EAT PRACTICE AND PROCEDURE – Striking-out/dismissal Procedure – Rule 9 of the Tribunal Procedure Rules 2013 – Equal Pay Claims – Inclusion of Claims by Two or More Claimants On the Same Claim Form – Whether Irregular – Whether Discretion to Strike out – Whether Appropriate to Exercise Discretion to Strike Out Claims or Waive … Continue reading Farmah v Birmingham City Council (1): EAT 20 Jun 2017

Farmah v Birmingham City Council (2): EAT 20 Jun 2017

Procedure – Rule 9 of the Tribunal Procedure Rules 2013 – Equal Pay Claims – Inclusion of Claims by Two or More Claimants On the Same Claim Form – Whether Irregular – Whether Discretion to Strike out – Whether Appropriate to Exercise Discretion to Strike Out Claims or Waive Any Irregularity These five appeals concerned … Continue reading Farmah v Birmingham City Council (2): EAT 20 Jun 2017

Jeffery v The British Council: EAT 25 Aug 2016

EAT Jurisdictional Points : Working Outside The Jurisdiction – The Claimant was a UK appointed employee of the British Council, the Respondent, working abroad; he was ‘truly expatriate’ and he was not a civil servant. He was, however, employed under a contract of employment which expressly incorporated English law, entitled him to a Civil Service … Continue reading Jeffery v The British Council: EAT 25 Aug 2016

Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police: HL 30 Jul 2008

Police Obligations to Witnesses is Limited A prosecution witness was murdered by the accused shortly before his trial. The parents of the deceased alleged that the failure of the police to protect their son was a breach of article 2. Held: The House was asked ‘If the police are alerted to a threat that D … Continue reading Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police: HL 30 Jul 2008

Lindorfer v Council (Staff Regulations) C-227/04: ECJ 11 Sep 2007

Appeal Officials Transfer of pension rights – Professional activities prior to entering the service of the Communities – Calculation of the years of pensionable service Article 11(2) of Annex VIII to the Staff Regulations General implementing provisions Principle of non’discrimination Principle of equal treatment Citations: [2007] EUECJ C-227/04, [2007] ECR I-6767 Links: Bailii Jurisdiction: European … Continue reading Lindorfer v Council (Staff Regulations) C-227/04: ECJ 11 Sep 2007

DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019

Several lone parents challenged the benefits cap, saying that it was discriminatory. Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to encourage claimants back into work. It was said that thus contradicted the other policy of providing no free … Continue reading DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019

M v M (Financial Relief: Substantial Earning Capacity): FD 29 Mar 2004

The parties had been married for 12 years, there were three children, one with special needs, and assets of over 12 million pounds. The court considered the application for ancillary relief. It was substantially agreed that the wife should receive half of the assets at the date of separation, but she sought a similar proportion … Continue reading M v M (Financial Relief: Substantial Earning Capacity): FD 29 Mar 2004

Bainbridge and others v Redcar and Cleveland Borough Council: EAT 23 Mar 2007

EAT Practice and Procedure – CompromiseEqual Pay Act – Work rated equivalent; Damages/Compensation This case raises three issues, two of which are of particular significance in the field of equal pay.Do employees whose jobs are rated as equivalent under a job evaluation scheme have the right to seek compensation going back up to six years … Continue reading Bainbridge and others v Redcar and Cleveland Borough Council: EAT 23 Mar 2007

Royal College of Nursing of the United Kingdom v Department of Health and Social Security: HL 2 Jan 1981

The court was asked whether nurses could properly involve themselves in a pregnancy termination procedure not known when the Act was passed, and in particular, whether a pregnancy was ‘terminated by a medical practitioner’, when it was carried out by nurses acting on the instructions of such a practitioner. Held: The phrase ‘treatment for the … Continue reading Royal College of Nursing of the United Kingdom v Department of Health and Social Security: HL 2 Jan 1981

Tyrrell v HM Senior Coroner County Durham and Darlington and Another: Admn 26 Jul 2016

The court was aked what article 2 of the European Convention on Human Rights requires of a coroner when a serving prisoner dies of natural causes. Held: The reuest for judicial review failed. Mr Tyrrell’s death was, from the outset, one which was clearly from natural causes. The cause of death was established and then … Continue reading Tyrrell v HM Senior Coroner County Durham and Darlington and Another: Admn 26 Jul 2016

Butterworth v The Police and Crime Commissioner’s Office for Greater Manchester and Another (Victimisation Discrimination): EAT 16 Nov 2015

VICTIMISATION DISCRIMINATION VICTIMISATION DISCRIMINATION – Protected disclosure SEX DISCRIMINATION – Post employment TRANSFER OF UNDERTAKINGS The Claimant left the service of Greater Manchester Police Authority (‘GMPA’), having agreed a settlement of claims of sex discrimination against it. Eighteen months later, in accordance with the Police Reform and Social Responsibility Act (‘PRSRA’), the GMPA ceased to … Continue reading Butterworth v The Police and Crime Commissioner’s Office for Greater Manchester and Another (Victimisation Discrimination): EAT 16 Nov 2015

McCann and Others v The United Kingdom: ECHR 6 Oct 1995

Wrong assumptions made by police officers in the killing of terrorists amounted to a human rights breach, despite the existence of danger to the public of an imminent attack. Article 2(1) is ‘one of the most fundamental provisions in the Convention’. It would have been incumbent on the state to conduct a ‘thorough, impartial and … Continue reading McCann and Others v The United Kingdom: ECHR 6 Oct 1995

Nachova and Others v Bulgaria: ECHR 6 Jul 2005

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (estoppel) ; Violation of Art. 2 with regard to deaths ; Violation of Art. 2 with regard to lack of effective investigation ; Not necessary to examine Art. 2 with regard to the general obligation to protect life ; No separate issue under Art. 13 ; … Continue reading Nachova and Others v Bulgaria: ECHR 6 Jul 2005

Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset: HL 11 Mar 2004

The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury. Held: The jury should indeed have been given opportunity to explain their verdict: ‘By … Continue reading Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset: HL 11 Mar 2004

Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004

The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004

Evbenata v South West London and St George’s Mental Health NHS Trust (Unfair Dismissal: Retirement): EAT 28 Oct 2014

EAT UNFAIR DISMISSAL – Retirement The Tribunal addressed the fairness of a ‘retirement’ dismissal under ordinary unfair dismissal principles pursuant to section 98 Employment Rights Act 1996 (ERA) and failed to consider whether or not there was compliance with the continuing notification duty in paragraph 4 of Schedule 6 of the Employment Equality (Age) Regulations … Continue reading Evbenata v South West London and St George’s Mental Health NHS Trust (Unfair Dismissal: Retirement): EAT 28 Oct 2014

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

Engel And Others v The Netherlands (1): ECHR 8 Jun 1976

The court was asked whether proceedings in a military court against soldiers for disciplinary offences involved criminal charges within the meaning of Article 6(1): ‘In this connection, it is first necessary to know whether the provision(s) defining the offence charged belong, according to the legal system of the respondent State, to criminal law, disciplinary law … Continue reading Engel And Others v The Netherlands (1): ECHR 8 Jun 1976

Clark v TDG Limited (Trading As Novacold): CA 25 Mar 1999

The applicant had soft tissue injuries around the spine as a consequence of a back injury at work. He was absent from work for a long time as a result of his injuries, and he was eventually dismissed when his medical advisers could provide no clear idea of when it would be possible for him … Continue reading Clark v TDG Limited (Trading As Novacold): CA 25 Mar 1999

London Borough of Lewisham v Malcolm: HL 25 Jun 2008

Unrelated Detriment was no Discrimination The tenant had left his flat and sublet it so as to allow the landlord authority an apparently unanswerable claim for possession. The authority appealed a finding that they had to take into account the fact that the tenant was disabled and make reasonable adjustments. Held: The authority’s appeal succeeded. … Continue reading London Borough of Lewisham v Malcolm: HL 25 Jun 2008

S v AG (Financial Remedy: Lottery Prize): FD 14 Oct 2011

The court considered how to treat a lottery win of andpound;500,000 in the context of an ancillary relief application on a divorce. Held: The answers in such cases must be fact specific. ‘In the application of the sharing principle (as opposed to the needs principle) matrimonial property will normally be divided equally (see para 14(iii) … Continue reading S v AG (Financial Remedy: Lottery Prize): FD 14 Oct 2011

Irvine v North Lanarkshire Council: SIC 17 Dec 2014

SIC Email concerning equality impact assessment – On 30 July 2014, Mr Irvine asked North Lanarkshire Council (the Council) for a specified email from the Council to Unison in 2006 concerning an equality impact assessment. The Council withheld the information on the basis that it was exempt from disclosure in terms of section 30(c) (Prejudice … Continue reading Irvine v North Lanarkshire Council: SIC 17 Dec 2014

Campbell v Thomas Cook Tour Operations Ltd: CA 30 Oct 2014

The court was asked whether the provisions of paragraph 33(2) of Schedule 3 to the 2010 Act excluded the application of the duties contained in section 29 of the 2010 Act to the provision of airport services at an airport outside the European Union (EU). Vos, McCombe, Longmore LJJ [2014] EWCA Civ 1668, [2014] WLR(D) … Continue reading Campbell v Thomas Cook Tour Operations Ltd: CA 30 Oct 2014

Fathers v Pets At Home Ltd and Another: EAT 20 Jun 2014

EAT Disability Discrimination : Disability – The Claimant had been employed at the First Respondent’s stores, most recently as an assistant manager. She suffered from stress, anxiety and depression, for which she was prescribed drugs and received counselling. At a Pre-Hearing Review the Employment Tribunal had to determine the issue whether she had a disability … Continue reading Fathers v Pets At Home Ltd and Another: EAT 20 Jun 2014