The claimants, in the US awaiting execution for murders, challenged the permitting by the defendant for export of the chemical Sodium Thipental which would be used for their execution. The respondent said that its use in general anaesthesia practice meant that it was not subject to control. The claimants said that the export was a … Continue reading Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010
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
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
Judges: Longmore, Bean, Moylan LJJ Citations:  EWCA Civ 1334,  WLR(D) 433 Links: Bailii, WLRD Statutes: Equality Act 2010 149 Jurisdiction: England and Wales Housing, Discrimination Updated: 17 July 2022; Ref: scu.640096
Judges: Underhill, Ryder, Holroyde LJJ Citations:  EWCA Civ 1112,  WLR(D) 372 Links: Bailii, WLRD Statutes: Equality Act 2010 Jurisdiction: England and Wales Discrimination Updated: 13 July 2022; Ref: scu.639495
The Claimant was a member and branch secretary of the Respondent trade union. At the age of 62, he was nominated to stand for election to the Respondent’s National Executive Committee for the requisite three-year term. His nomination was rejected by the Respondent on the basis of a rule in its Rulebook which did not … Continue reading The National Union of Rail, Maritime and Transport Workers (RMT) v Lloyd (Age Discrimination): EAT 15 Mar 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
The claimant challenged his non-selection by the defendant political party as a candidate for the forthcoming European elections, and in particular their recently adopted protocol for selecting candidates. Judges: Waksman J Citations:  EWHC 1398 (QB) Links: Bailii Statutes: Equality Act 2010 Jurisdiction: England and Wales Discrimination Updated: 08 July 2022; Ref: scu.638201
The applicant, one of the ‘Vietnamese Boat People’, complained of the acts of government official in Hong Kong. Held: The UK government had not extended the Convention to Hong Kong and the application failed. Citations: 16137/90 Jurisdiction: Human Rights Cited by: Cited – Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte … Continue reading Bui van Thanh v United Kingdom: ECHR 12 Mar 1990
HARASSMENT – Conduct SEX DISCRIMINATION – Continuing act JURISDICTIONAL POINTS – Extension of time: just and equitable The Claimant’s complaints included one of harassment related to sex, by a colleague having sent an anonymous letter criticising her handling of a patient’s care, to five recipients. The Respondent’s case was that the sender acted solely from … Continue reading Prasad v Epsom and St Helier University Hospitals NHS Trust: EAT 23 Jan 2019
ECJ 1. Community law – Principles – Legal certainty – Protection of legitimate expectations – Prohibition of the use in livestock farming of certain substances having a hormonal action in the absence of unanimity as to their harmlessness – Infringement – None (Council Directive 88/146) 2. Community law – Principles – Proportionality – Prohibition of … Continue reading Regina v Minister of Agriculture, Fisheries and Food and Secretary of State For Health, ex Parte Fedesa and Others: ECJ 13 Nov 1990
(Preliminary objections) The ECHR considered the situation in northern Cyprus when it was asked as to Turkey’s preliminary objections to admissibility: ‘although Article 1 sets limits on the reach of the Convention, the concept of ‘jurisdiction’ under this provision is not restricted to the national territory of the High Contracting Parties. According to its established … Continue reading Loizidou v Turkey: ECHR 23 Mar 1995
‘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
(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
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
(Commission) The claimant sought admission of her complaint that being employed by the European Commission and resident in Belgium she had lost her right to vote. She contrasted her position with that of members of the armed forces and members of diplomatic missions who retained their votes though overseas. Held: The complaint was inadmissible. The … Continue reading X v United Kingdom: ECHR 1979
The pursuer sought damages after injury arising from the use of a tool for a purpose other than that for which it was intended to be used. Lord Denning quoted Sir Frederick Pollock to say: ‘Judicial authority belongs not to the exact words used in this or that judgment, nor even to all the reasons … Continue reading Close v Steel Company of Wales Ltd: 1962
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
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
Challenge to resettlement arrangements for population removed from Chagos Islands. Judges: Singh LJ, Carr J Citations:  EWHC 221 (Admin),  WLR(D) 85 Links: Bailii, WLRD Statutes: Equality Act 2010 149 Jurisdiction: England and Wales Human Rights, Constitutional Updated: 27 April 2022; Ref: scu.633412
(Grand Chamber) The court ruled admissible claims against the United Kingdom by 13 persons entitled to British State pensions for violation of article 14 of the Convention in combination with article 1 of the First Protocol. All the claimants had earned pensions by working in Britain, but had emigrated to South Africa, Australia or Canada … Continue reading Carson and Others v The United Kingdom: ECHR 16 Mar 2010
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
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
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
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
EAT Practice and Procedure: Review – Human Rights – In the B and M appeal (UKEAT/0139/16/RN) the Employment Judge was entitled to dismiss a reconsideration application by the Claimant on the basis (a) that, as a matter of fact, the Claimant’s representative was aware of the reconsideration (telephone) hearing but failed to take part and … Continue reading Warner v B and M Europe Ltd: EAT 13 Jul 2016
Jurisdictional Points : Working Outside The Jurisdiction – Identity of employer: the claimant had a contract dated 1998 with a company, said no longer to exist. The respondents admitted that he was employed but there was a dispute by whom. The ET found that he was employed by the fourth respondent. It was argued by … Continue reading Wittenberg v Sunset Personnel Services Ltd and Others: EAT 21 Nov 2013
EAT Disability Discrimination – Reasonable adjustments – Justification – PRACTICE AND PROCEDURE – Costs Disability Discrimination – Indirect Discrimination (section 19 Equality Act 2010) – Discrimination by Reasons of a Failure to Make Reasonable Adjustments (sections 20 and 21) The Claimant made complaints of indirect disability discrimination and discrimination by reason of a failure to … Continue reading Muzi-Mabaso v HM Revenue and Customs: EAT 13 Nov 2015
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
EAT Maternity Rights and Parental Leave – Sex discrimination Unfair dismissal Return to work Maternity and Parental Leave Regulations 1999 (MAPL Regs) – regulation 10 – redundancy during maternity leave and entitlement to be offered suitable available vacancy. Equality Act 2010 (EqA) – section 18 – direct discrimination because of pregnancy and maternity Appeal against … Continue reading Sefton Borough Council v Wainwright: EAT 13 Oct 2014
EAT Jurisdictional Points : Worker, Employee or Neither – WORKING TIME REGULATIONS – Worker CONTRACT OF EMPLOYMENT – Whether established Employment status. The Claimant lodged a claim of unfair dismissal, age discrimination and a claim for holiday pay. The Respondent denied that he was an employee, arguing that he was a self-employed independent contractor. The … Continue reading Conroy v Scottish Football Association Ltd: EAT 12 Dec 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
EAT UNFAIR DISMISSAL – Reasonableness of dismissal DISABILITY DISCRIMINATION – Reasonable adjustment The Employment Tribunal concluded that the Respondents had been guilty of disability discrimination in three respects, in failing to allocate to her a parking space in the car park where she worked, in harassing her by an e-mail and by dismissing her ostensibly … Continue reading The Environment Agency v Donnelly: EAT 18 Oct 2013
Appeal against an order dismissing the challenge by the appellant, to the lawfulness of the decision of the respondent, the Council to cut its Youth Services budget for the year 2012/2013. The claimant suffered ADHD and relied on services supported by the Council. Judicial review had been refused. Held: The court upheld the appellant’s argument … Continue reading Hunt, Regina (on The Application of) v North Somerset Council: CA 6 Nov 2013
Evidence Needed to Share Benefical Inerests The family home had been purchased during the marriage in the name of the husband only. The wife asserted that she had a beneficial interest in it. Held: The principles apply to any case where a beneficial interest in land is claimed by a person, whether spouse or stranger, … Continue reading Gissing v Gissing: HL 7 Jul 1970
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
EAT PRACTICE AND PROCEDURE – AmendmentThe Employment Judge wrongly refused to allow the Claimant to join as a Respondent the end user in a triangular agency relationship when that Respondent was said to be an undisclosed principal. Equality Act 2010 ss.109-110 applicable. The EAT allowed the amendment and remitted the case to the Employment Judge … Continue reading Orford v S Three Staffing UK Ltd: EAT 17 Jun 2013
EAT AGE DISCRIMINATION UNFAIR DISMISSAL Automatically unfair reasons Reason for dismissal including substantial other reason The reason for the Claimant’s dismissal was retirement. The Employment Tribunal erred in holding that the Claimant’s claim of age discrimination failed by application of Regulation 30 of the Employment Equality (Age) Regulations 2006 when the 2006 regulations had been … Continue reading Copeland v E Coomes (Holdings) Ltd (Age Discrimination): EAT 13 Jun 2013
The court was asked whether, by adopting a staff dress code which forbade the wearing of visible neck adornment and so prevented the appellant, a Christian, from wearing with her uniform a small, visible cross, British Airways (BA) indirectly discriminated against her on grounds of religion or belief. Held: There was no requirement that a … Continue reading Eweida v British Airways Plc: CA 12 Feb 2010
The claimant solicitor said that the compulsory retirement from his partnership on age grounds was discriminatory, and that the UK Regulations had not implemented the Directive fully. Held: The appeal failed. The purpose of the provision as to allow the progression of younger members of the practice. This aim was recognised by the legislation, and … Continue reading Seldon v Clarkson Wright and Jakes (A Partnership): CA 28 Jul 2010
amnesty_ahmedEAT2009 EAT RACE DISCRIMINATION – Direct discriminationRACE DISCRIMINATION – Indirect discriminationRACE DISCRIMINATION – Protected by s. 41UNFAIR DISMISSAL – Constructive dismissalClaimant, of (northern) Sudanese ethnic origin, applied for promotion to role of ‘Sudan researcher’ for Amnesty International – Not appointed because Amnesty believed that the appointment of a person of her ethnic origin would compromise … Continue reading Amnesty International v Ahmed: EAT 13 Aug 2009
The applicants complained of the unfairness of their trial in Andorra (which the Court held it had no jurisdiction to investigate) and of their detention in France, which was not found to violate article 5. Held: Member states are obliged to refuse their co-operation with another state if it emerges that a conviction ‘is the … Continue reading Drozd and Janousek v France and Spain: ECHR 26 Jun 1992
The applicant complained that she was dismissed when her employers learned that she was pregnant. Held: 1(1) (a) and 5(3) of the 1975 Act were to be interpreted as meaning that where a woman had been engaged for an indefinite period, the fact that pregnancy was the reason for her temporary unavailability at a time … Continue reading Webb v EMO Air Cargo (UK) Ltd (No 2): HL 20 Oct 1995
(Grand Chamber) The applicants had been subjected to severe restrictions. They were foreign nationals suspected of terrorist involvement, but could not be deported for fear of being tortured. The UK had derogated from the Convention to put the restrictions in place. Assurances had been given by the home nations that on return they would not … Continue reading A and Others v The United Kingdom: ECHR 19 Feb 2009
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
The claimant sought a declaration that the duty set out in the 1995 Act applies to the discharge of duties, and to the exercise of powers, by local housing authorities under Part VII of the Housing Act 1996 being the part entitled ‘Homelessness’. The defendant argued that (1) the section concerned only the general formulation … Continue reading Pieretti v London Borough of Enfield: CA 12 Oct 2010
EAT UNFAIR DISMISSAL Reason for dismissal including substantial other reason Compensation DISABILITY DISCRIMINATION – Disability related discrimination The decision of the Employment Tribunal that the dismissal of the Claimant pastry chef for using non-kosher jam in a product sold in an establishment subject to requirements of Kedassia was an act of victimisation under the Equality … Continue reading Carmelli Bakeries Ltd v Benali (Unfair Dismissal : Reason for Dismissal Including Substantial Other): EAT 31 Jul 2013
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
Complaints were made as to the deaths of six Iraqi civilians which were the result of actions by a member or members of the British armed forces in Basra. One of them, Mr Baha Mousa, had died as a result of severe maltreatment in a prison occupied and run by British military personnel. It was … Continue reading Secretary of State for Defence v Al-Skeini and others (The Redress Trust Intervening): HL 13 Jun 2007
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
No magic in the words “fundamental breach” There is no rule of law which prevents parties to a contract agreeing to limit their respective liabilities. It is a question of the construction of the particular clause as to whether it applies to a fundamental breach or not. The court doubted the value of continuing the … Continue reading Suisse Atlantique Societe d’Armement Maritime SA v NV Rotterdamsche Kolen Centrale: HL 1966
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be made to the judge at the time of sentencing that the … Continue reading Soering v The United Kingdom: ECHR 7 Jul 1989
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
When the court looked at the issue of foreseeability of murder in an allegation of joint enterprise, there was no requirement to show intent by the secondary party. The forseeability of the risk of the principal committing the offence from the point of view of the secondary party is sufficient. The question certified was ‘Is … Continue reading Regina v Powell (Anthony) and Another; Regina v English: HL 30 Oct 1997
The House considered a petition by a holder of 25 of the 100 issued shares in the company against the majority shareholder. The petitioner, an ex-employee, had been taken into management and then given his shares and permitted to take 50% of the company’s profits and a salary. Later the respondent in negotiations with the … Continue reading O’Neill and Another v Phillips and Others; In re a Company (No 00709 of 1992): HL 20 May 1999
The claimant pursued a civil claim for damages, alleging complicity of the respondent in his torture whilst in the custody of foreign powers. The respondent sought that certain materials be available to the court alone and not to the claimant or the public under a closed material procedure. It argued that whilst the need for … Continue reading Al Rawi and Others v The Security Service and Others: SC 13 Jul 2011
Result Decides Dscrimination not Motive The Council had allowed free entry to its swimming pools to those of pensionable age (ie women of 60 and men of 65). A 61 year old man successfully complained of sexual discrimination. Held: The 1975 Act directly discriminated between men and women by treating women more favourably on the … Continue reading James v Eastleigh Borough Council: HL 14 Jun 1990
Single Sex Schooling failed to prepare for life The Chief Inspector appealed from a decision that it was discriminatory under the 2010 Act to educate girls and boys in the same school but under a system providing effective complete separation of the sexes. Held: The action was discriminatory. However, the scheme operated against individuals, both … Continue reading Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah School: CA 13 Oct 2017
chandhok_tirkeyEAT201412 EAT Race Discrimination – The Claimant worked for the Respondents as a domestic worker. She claimed that they treated her badly and in a demeaning manner, and (by amendment) that this was in part because of her low status which was infected with considerations of caste. The Respondents applied to strike out this amendment, … Continue reading Chandhok and Another v Tirkey (Race Discrimination): EAT 19 Dec 2014
EAT Race Discrimination : DirectDetrimentDiscrimination by other bodiesAt a pre-hearing review an Employment Judge held that the Employment Tribunal had no jurisdiction to determine a doctor’s claims of race discrimination and harassment. She held that the Medical Act 1983 and judicial review provided ‘an appeal or proceedings in the nature of an appeal’ from such … Continue reading Uddin v General Medical Council and Others: EAT 14 Feb 2013
(Grand Chamber) A Cambodian vessel, The Winner, trafficked drugs on the high seas (Cape Verde). It was detected and boarded by the French authorities, detaining the crew on board and took them on the vessel to France for trial. France was, but Cambodia was not, party to the relevant international drug trafficking conventions, which did … Continue reading Medvedyev And Others v France: ECHR 29 Mar 2010
ECJ Principle of equal pay for men and women – Direct effect – Meaning of worker – Self-employed female lecturer undertaking work presumed to be of equal value to that which is undertaken in the same college by male lecturers who are employees, but under contract with a third company – Self-employed lecturers not eligible … Continue reading Allonby v Accrington and Rossendale College for Education and Employment: ECJ 13 Jan 2004
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 employee renewed his application for leave to appeal against refusal of his discrimination claim on the grounds of religious belief. He worked as a relationship sex therapist, and had signed up to the employer’s equal opportunities policy, but felt that his Christian beliefs required him not to work to assist same sex couples where … Continue reading McFarlane v Relate Avon Ltd: CA 29 Apr 2010
The claimants were PRs of men who had died or were severely injured on active duty in Iraq being variously fired at by mistake by other coalition forces, or dying in vehicles attacked by roadside bombs. Appeals were heard against a finding that the . .
The court was asked ‘Is it lawful for a Christian hotel keeper, who sincerely believes that sexual relations outside marriage are sinful, to refuse a double-bedded room to a same sex couple?’ The defendants (Mr and Mrs Bull) appealed against a . .
The court emphasised that the press plays an essential role in a democratic society. The court trenchantly observed ‘It is incumbent on the press to impart information and ideas of public interest. Not only does the press have the task of imparting . .
The court was asked as to the duty of local housing authorities towards homeless people who claim to be ‘vulnerable’, and therefore to have ‘a priority need’ for the provision of housing accommodation under Part VII of the Housing Act 1996. Those . .
The Respondent provides support services to adults with disabilities who require assistance on a 24 hour a day, 7 days a week basis. The Claimant was employed by the Respondent as a Support Worker, under a contract that guaranteed her a minimum . .
The Claimant’s claims of direct disability discrimination and harassment had been struck out after a Preliminary Hearing at which the Employment Tribunal (‘ET’) had determined he was not a disabled person for the purposes of the Equality Act 2010. . .
An ET held that the dismissal of an employee who had been on long-term sickness absence was not unfair. However, it also held that the dismissal constituted unfavourable treatment because of something arising in consequence of disability pursuant to . .
(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 . .
This appeal is primarily concerned with the scope of the rights conferred on agency workers by and the Agency Workers’ Regulations 2010 (‘the AWR’), which implements the Agency Workers Directive (‘the Directive’) into domestic law. The EAT found . .
The claimant, a 15 year old boy,alleged that his detention in the cells at a Magistrates court when facing a charge of breach of bail conditions was a breach of his human rights and under the 1933 and 2010 Acts.
Held: In the particular . .
EAT UNFAIR DISMISSAL – Polkey deduction
AGE DISCRIMINATION – Dismissal
VICTIMISATION – Post-employment
The employee was dismissed on grounds of retirement, having reached an age over . .
The trust was created in 1948, and provided gifts over, which had now failed. The court considered the construction of the term ‘stautory next of kin’. The possible beneficiaries claimed through being adopted, arguing that at the date of the last . .
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 . .
A soldier in the Artillery Regiment was serving in Saudi Arabia in the course of the Gulf war. He was injured when he was part of a team managing a Howitzer, which was firing live rounds into Iraq, and he was standing in front of the gun when it was . .
DISABILITY DISCRIMINATION – Direct disability discrimination
DISABILITY DISCRIMINATION – Section 15
Disability discrimination – direct discrimination (section 13 Equality Act 2010 ) – . .
Appeal against failure of challenge to decision to close public libraries. . .
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 . .
A bank account used to cover the day-to-day expenses of an Embassy, clearly served sovereign purposes and therefore was immune from enforcement measures. The Act of 1978 must be read against the background of customary international law current in . .
‘The Claimant challenges the effect of regulation 62 of the Universal Credit Regulations (2013 SI No 376) (‘the Regulations’). The Regulations make provision about a welfare benefit, Universal Credit (‘UC’). Regulation 62 provides for a minimum . .
EAT SEX DISCRIMINATION – Pregnancy and discrimination
Whether detriment complained of by Claimant was unfavourable treatment on the grounds that she was on maternity leave (Sex Discrimination Act 1975, s3A)? . .
ECHR The applicant had a licence for a pistol and rifle. His was refused another licence, and then the existing licence was withdrawn. His name had been included in a police list in an operational records file . .
References:  1 SCR 103, 1986 CanLII 46 (SCC), 53 OR (2d) 719, 24 CCC (3d) 321, 50 CR (3d) 1, 65 NR 87,  CarswellOnt 95, EYB 1986-67556,  SCJ No 7 (QL), 14 OAC 335, 16 WCB 73,  ACS no 7, 19 CRR 308 Links: Canlii Coram: Dickson C.J. and Estey, McIntyre, … Continue reading Regina v Oakes; 28 Feb 1986
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
The appellant was serving a mandatory life sentence for murder. She was being considered for release from custody to ‘Approved Premises’. There were however more such centres for men and the provision for women was unplanned. The results, she said was dicriminatory in that women would be likely to be housed further away than men. … Continue reading Coll v Secretary of State for Justice: CA 31 Mar 2015
The claimant, an EU national, came to the UK to join her son. He had worked but became dependent on benefits. She sought payment of the State Pension. Held: A refusal to pay the pension would dissuade workers from moving around within the EU, and was therefore contrary to EU law and the Citizens Directive. … Continue reading Pedro v Secretary of State for Work and Pensions: CA 14 Dec 2009
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
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
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
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
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
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
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
EAT Race Discrimination : Indirect – In a test case, it was assumed that BME candidates disproportionately failed the CSA test, passing which was necessary to progress to higher grades in the Civil Service. The Respondent argued successfully that claims of indirect discrimination could not succeed unless the individual Claimants could prove the reason they … Continue reading Essop and Others v Home Office (UK Border Agency): EAT 16 May 2014
EAT Race Discrimination : Indirect – RELIGION OR BELIEF DISCRIMINATION Until 2002 the only Chaplains employed by the Prison Service were Christians. Since then, Chaplains of other faiths have been recruited. The pay scale for Chaplains reflects – inter alia – length of service. The Claimant, a Muslim Chaplain, was appointed in 2004. His claim … Continue reading Naeem v The Secretary of State for Justice: EAT 15 Jan 2014
PRACTICE and PROCEDURE Estoppel, Abuse of Process, Strike Out Dismissing the first ground of appeal. The ET was considering whether to strike out a claim. It took account of conclusions reached in a previous ET judgment (in a case between the Claimant and one of the Respondents) on retention of a laptop by the Claimant. … Continue reading Edey v London Borough of Lambeth and Another: EAT 6 Jul 2022