Search Results for: Equality Act 2010 20 21 29

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Michalak v General Medical Council and Others: SC 1 Nov 2017

Dr M had successfully challenged her dismissal and recovered damages for unfair dismissal and race discrimination. In the interim, Her employer HA had reported the dismissal to the respondent who continued their proceedings despite the decision in her favour. The GMC now said that the availability of judicial review excluded her right to commence proceedings … Continue reading Michalak v General Medical Council and Others: SC 1 Nov 2017

Prix v Secretary of State for Work and Pensions: SC 31 Oct 2012

The claimant had come from France to England, and worked as a teaching assistant. She set out on a course to train as a teacher but became pregnant, gave up the course, and eventually gave up work temporarily. Her claim to Income Support was refused on the basis that she was not a ‘worker’, and … Continue reading Prix v Secretary of State for Work and Pensions: SC 31 Oct 2012

Hunt v North Somerset Council: Admn 18 Jul 2012

The claimant who required support from the Council for his ADHD disorder challenged the respondent’s budget insofar as it limited support for children’s services in the Revenue Budget. Ge said that in making its decision to cut the budget, the Council unlawfully failed to comply either with (i) its obligations under section 507B of the … Continue reading Hunt v North Somerset Council: Admn 18 Jul 2012

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

Asda Stores Ltd v Brierley and Others: CA 31 Jan 2019

Judges: Underhill, Peter Jackson LJJ, Lord Sales Citations: [2019] EWCA Civ 44, [2019] 2 CMLR 18, [2019] ICR 1118, [2019] 4 All ER 450, [2019] WLR(D) 56, [2019] IRLR 335 Links: Bailii, WLRD Statutes: Equality Act 2010 79(4) Jurisdiction: England and Wales Cited by: Appeal from – Asda Stores Ltd v Brierley and Others SC … Continue reading Asda Stores Ltd v Brierley and Others: CA 31 Jan 2019

Hurley and Moore, Regina (on The Application of) v Secretary of State for Business Innovation and Skills: Admn 17 Feb 2012

The applicants, intending university students, challenged the decision to raise to andpound;9,000 per annum, the fees which might be charged by qualifying universities.Elias LJ said: ‘Contrary to a submission advanced by Ms Mountfield, I do not accept that this means that it is for the court to determine whether appropriate weight has been given to … Continue reading Hurley and Moore, Regina (on The Application of) v Secretary of State for Business Innovation and Skills: Admn 17 Feb 2012

P v Commissioner of Police of The Metropolis: SC 25 Oct 2017

This appeal concerns the directly effective right of police officers under EU law to have the principle of equal treatment applied to them. The question raised is whether the enforcement of that right by means of proceedings in the Employment Tribunal is barred by the principle of judicial immunity, where the allegedly discriminatory conduct is … Continue reading P v Commissioner of Police of The Metropolis: SC 25 Oct 2017

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

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

Uzukauskas v Lithuania: ECHR 6 Jul 2010

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 holding data for law enforcement bodies obtained during operational activities. He began proceedings challenging his listing. The court … Continue reading Uzukauskas v Lithuania: ECHR 6 Jul 2010

Kraft Foods Uk Ltd v Hastie: EAT 6 Jul 2010

EAT AGE DISCRIMINATIONContractual redundancy scheme incorporating a cap preventing employees recovering more than they would have earned if they had remained in employment until retirement age – Cap applied to Claimant, reducing the amount that he would otherwise have received by some andpound;14,000 – Tribunal holds that cap disproportionately applied to those approaching retiring age … Continue reading Kraft Foods Uk Ltd v Hastie: EAT 6 Jul 2010

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

Pedro v Secretary of State for Work and Pensions: CA 14 Dec 2009

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

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

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

Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010

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

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

Barnard v Hampshire Fire and Rescue: EAT 12 Oct 2018

EQUAL PAY An Employment Tribunal was charged with determining whether a ‘stable working relationship’ was preserved when an employee had been promoted through a series of ranks. The concept of a ‘stable employment relationship’ was created by the European Court of Justice in Preston and Others v Wolverhampton Healthcare NHS Trust and Others [2000] ICR … Continue reading Barnard v Hampshire Fire and Rescue: EAT 12 Oct 2018

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

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

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

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

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

Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner: HL 28 Mar 2007

The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him. Held: The question amounted to asking whether the coroner’s decision on the resumption should have been affected … Continue reading Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner: HL 28 Mar 2007

Simpson v Secretary of State for Justice: EAT 29 Mar 2018

DISABILITY DISCRIMINATION – Reasonable adjustments UNFAIR DISMISSAL – Constructive dismissal Disability discrimination – reasonable adjustments – sections 20 and 21 Equality Act 2010 Unfair dismissal – constructive dismissal – section 95 Employment Rights Act 1996 The Claimant, who had been employed by the Respondent as a Probation Service Officer (‘PSO’) from April 1999, was a … Continue reading Simpson v Secretary of State for Justice: EAT 29 Mar 2018

Carson and Others v The United Kingdom: ECHR 16 Mar 2010

(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

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

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

London Borough of Haringey v O’Brien: EAT 22 Dec 2016

EAT Practice and Procedure: Estoppel or Abuse of Process – DISABILITY DISCRIMINATION – Reasonable adjustments DISABILITY DISCRIMINATION – Section 15 HARASSMENT DISABILITY DISCRIMINATION – Exclusions/jurisdictions UNFAIR DISMISSAL – Reasonableness of dismissal Practice and procedure – estoppel; disability discrimination reasonable adjustments (sections 20 and 21 Equality Act 2010); discrimination arising from the consequences of disability (section … Continue reading London Borough of Haringey v O’Brien: EAT 22 Dec 2016

Taiwo and Another v Olaigbe and Others: SC 22 Jun 2016

The claimants had been brought here illegally to act as servants for the defendants. They were taken advantage of and abused. They made several claims, but now appealed against rejection of their claims for discrimination. The court was asked whether discrimination because of, or on grounds of, immigration status amounts to discrimination because of, or … Continue reading Taiwo and Another v Olaigbe and Others: SC 22 Jun 2016

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

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

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

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

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

Williams v The Trustees of Swansea University Pension and Assurance Scheme and Another: SC 17 Dec 2018

The appellant complained of disability discrimination. He retired early suffering Tourette’s syndrome. He had worked part time, and the parties now disputed his pension entitlements. Held: The appeal failed. Lord Kerr, Lord Carnwath, Lord Hodge, Lady Black, Lord Kitchin [2018] UKSC 65 Bailii, Bailii Summary Equality Act 2010 15(1) England and Wales Citing: Cited – … Continue reading Williams v The Trustees of Swansea University Pension and Assurance Scheme and Another: SC 17 Dec 2018

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

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

Unwin v Oltec Group Trading Ltd and Another (Contract of Employment : Implied Term/Variation/Construction of Term): EAT 13 Feb 2015

EAT Contract of Employment : Implied Term/Variation/Construction of Term – DISABILITY DISCRIMINATION – Burden of proof The Employment Tribunal had concluded that a contract of employment which stated that the Claimant was employed to work a minimum of 48 hours in fact meant a maximum of 48 hours. That finding was perverse: no one had … Continue reading Unwin v Oltec Group Trading Ltd and Another (Contract of Employment : Implied Term/Variation/Construction of Term): EAT 13 Feb 2015

MM and Another, Regina (on The Application of) v Secretary of State for Work and Pensions and Others: UTAA 9 Mar 2015

UTAA Equality Act – The applicants, who suffer from mental health problems, brought their claims for judicial review under the Equality Act 2010 (‘the Equality Act’) asserting that they were placed at a substantial disadvantage in comparison to claimants and recipients of Employment and Support Allowance (‘ESA’) who did not suffer from mental health problems … Continue reading MM and Another, Regina (on The Application of) v Secretary of State for Work and Pensions and Others: UTAA 9 Mar 2015

Chief Constable of West Yorkshire v Farrand: EAT 13 Feb 2015

EAT Disability Discrimination: Reasonable Adjustments – The disabled Claimant transferred to a role (A) for which, after delay, reasonable adjustments were made. Following mediation the Respondent ordered her transfer to role (B) which she never took up prior to medical retirement. The Employment Tribunal held transfer to (B) represented a breach of section 21 Equality … Continue reading Chief Constable of West Yorkshire v Farrand: EAT 13 Feb 2015

Robson and Another, Regina (on The Application of) v Salford City Council: CA 20 Jan 2015

The appellants, all severely disabled appealed against the refusal of their judicial review of the substantial withdrawal by the Council of a service providing them with transport to local day care facilities. They said that the council had failed in its dutes to consider their individual cases, to consult properly, and in its public sector … Continue reading Robson and Another, Regina (on The Application of) v Salford City Council: CA 20 Jan 2015

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

Sefton Borough Council v Wainwright: EAT 13 Oct 2014

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

Games v University of Kent: EAT 14 Jul 2014

EAT Age Discrimination – The Employment Tribunal erred in law in its approach to the question of ‘particular disadvantage’ for the purposes of section 19(2)(b) of the Equality Act 2010 and did not give Meek compliant reasons for its conclusion on the question whether the PCP which the Respondent applied was a proportionate means of … Continue reading Games v University of Kent: EAT 14 Jul 2014

Burdett v Aviva Employment Services Ltd: EAT 14 Nov 2014

EAT Unfair Dismissal – Conduct – Section 98(2)(b) Employment Rights Act 1996 In a case where the Claimant had committed (admitted) assaults in the workplace because of his disability (he suffers from a paranoid schizophrenic illness), the ET found that the Respondent had dismissed him because of his having committed acts of gross misconduct and … Continue reading Burdett v Aviva Employment Services Ltd: EAT 14 Nov 2014

Windle v Arada and Another: EAT 16 Sep 2014

EAT Jurisdictional Points : Worker, Employee or Neither – Whether the Claimants, when providing their services to the Respondent as interpreters, were employees within the meaning of s.83(2)(a) Equality Act 2010, and in particular whether, when providing those services they were employed under a contract personally to do work. In finding that they were not, … Continue reading Windle v Arada and Another: EAT 16 Sep 2014

MB v Secretary of State for Work and Pensions: CA 31 Jul 2014

The appellant, a male to female transsexual, had remained married to her wife despite having the right to have the marriage annulled following the 2004 Act. She now appealed against rejection of her claim to a state pension on attaining the age of 60. She had not applied for a Gender Recognition Certificate because she … Continue reading MB v Secretary of State for Work and Pensions: CA 31 Jul 2014

Kanu v The London Borough of Southwark: CA 29 Jul 2014

Mr Kanu, aged 48, had physical problems, including back pain, hepatitis B, hypertension and haemorrhoids, as well as psychotic symptoms and suicidal ideation. His wife assisted him in taking the necessary drugs, but stress would raise his hypertension to ‘quite dangerous levels’, requiring an increase in the dose of the relevant drugs. An order for … Continue reading Kanu v The London Borough of Southwark: CA 29 Jul 2014

Hutchison 3G UK Ltd v Edwards: EAT 29 Apr 2014

EAT Disability Discrimination : Claimant suffering from Poland syndrome; having been born with his entire major left pectoral chest muscle missing, along with the sternal head on the left side of his chest and two ribs, giving rise to a marked asymmetry in the appearance of his chest. Employment Tribunal concluded that this amounted to … Continue reading Hutchison 3G UK Ltd v Edwards: EAT 29 Apr 2014

Tariq v The Home Office: EAT 16 Oct 2009

EAT PRACTICE AND PROCEDUREDisclosureHUMAN RIGHTS(1) The procedure sanctioned by rule 54 of the Employment Tribunals Rules of Procedure, and by the Employment Tribunals (National Security) Rules of Procedure, is not incompatible with a claimant’s right under Art. 6 of the European Convention on Human Rights to a fair hearing of his claim for discrimination, or … Continue reading Tariq v The Home Office: EAT 16 Oct 2009

Islam v Abertawe Bro Morgannwg Local Health Board: EAT 12 Jun 2014

EAT Disability Discrimination : Justification – PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity C was a consultant psychiatrist. A report by the National Clinical Assessment Service identified clinical and communication deficiencies and recommended that the C and his employing Trust agree a remediation programme to enable him to retrain for his consultant position. … Continue reading Islam v Abertawe Bro Morgannwg Local Health Board: EAT 12 Jun 2014

Hainsworth v Ministry of Defence: CA 13 May 2014

The appellant was employed by the respondents working in Germany. Her daughter suffered chronic illness and she wished to care for her in England. She said that the refusal to allow her to return to work in the UK was discriminatory as associative discrimination. Held: The suggestion that a carer for a disable person was … Continue reading Hainsworth v Ministry of Defence: CA 13 May 2014

Morgan v Armadillo Managed Services Ltd: EAT 15 May 2014

EAT Disability Discrimination : Disability Related Discrimination – Section 13(1) of the Equality Act 2010 requires actual or constructive knowledge to permit a claimant to succeed in a claim for direct disability discrimination: Gallop v Newport City Council [2013] EWCA Civ 1583 followed. The Appellant was not permitted to resile from a concession to that … Continue reading Morgan v Armadillo Managed Services Ltd: EAT 15 May 2014

The Lord Chancellor and Another v McCloud and Others: CA 20 Dec 2018

The LC had introduced changes to pension arrangements for public employees. In general pensions would be reduced, but provision had been made to protect those approaching retirement. He now appealed from a finding that the arrangement was discriminatory. Longmore LJ, Sir Colin Rimer, Sir Patrick Elias [2018] EWCA Civ 2844, [2019] WLR(D) 1 Bailii Judicial … Continue reading The Lord Chancellor and Another v McCloud and Others: CA 20 Dec 2018

Wijesundera v Heathrow 3Pl Logistics Ltd (Debarred) and Another: EAT 5 Dec 2013

EAT Jurisdictional Points : Fraud and Illegality – A Sri Lankan woman agreed to work for the First and Second Respondents, but made it clear she could not do so unless and until she was sponsored by them to do so, so that she had a valid work permit. For some months she remained in … Continue reading Wijesundera v Heathrow 3Pl Logistics Ltd (Debarred) and Another: EAT 5 Dec 2013

Onu v Akwiwu and Another: CA 13 Mar 2014

Two claimants, Nigerian women, came illegally to work as domestics. They suffered severe abuse by their employers. Whilst each received substantial awards, they appealed now from rejection of their claims for discrimination based upon the advantage taken of their unlawful immigration status. Held: Immigration status was not to be equated with ‘nationality’ for the purpose … Continue reading Onu v Akwiwu and Another: CA 13 Mar 2014

Van Winkelhof v Clyde and Co Llp and Another: EAT 26 Apr 2012

EAT JURISDICTIONAL POINTS Worker, employee or neither Working outside the jurisdictionWhether LLP equity member was a limb (b) worker under section 230(3). Allowing Claimant’s appeal, she was. Applying Lawson v Serco, Duncombe (No. 2) and Ravat, on any view Employment Tribunal entitled to conclude that it had jurisdiction territorially to entertain both whistleblowing claim (ERA) … Continue reading Van Winkelhof v Clyde and Co Llp and Another: EAT 26 Apr 2012

Jivraj v Hashwani: ComC 26 Jun 2009

The claimant said that the requirement in an arbitration clause for all the arbitrators to be members of the Ismaili community was unlawful under the 2003 Regulations. Held: The appointment was not discriminatory. An arbitrator’s employment was not within the Regulations, and was not a worker under the case law. He was instead an independent … Continue reading Jivraj v Hashwani: ComC 26 Jun 2009

Crown Prosecution Service v Fraser: EAT 7 Feb 2014

EAT Disability Discrimination – PRACTICE AND PROCEDURE – Review The CPS appealed against the Employment Tribunal’s decision, on review, to revoke their earlier remedy judgment, made in the absence of the Claimant, and to order a new remedy hearing. In addition to the importance of the finality of litigation, the ET were found to have … Continue reading Crown Prosecution Service v Fraser: EAT 7 Feb 2014

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

Allan v Wandsworth Borough Council and Others: EAT 11 Jul 2013

EAT PRACTICE AND PROCEDURE – Striking-out/dismissal DISABILITY DISCRIMINATION – Discrimination by other bodies Local Authority member and chair of a committee, removal as chair – section 58(1) and (4) of the Equality Act 2010. Supperstone J [2013] UKEAT 0049 – 13 – 1107 Bailii Equality Act 2010 58(1) 58(4) England and Wales Employment Updated: 26 … Continue reading Allan v Wandsworth Borough Council and Others: EAT 11 Jul 2013

Imam, Regina (on The Application of) v The London Borough of Croydon: Admn 26 Mar 2021

Conditions for Anonymity Orders The claimant sought judicial review of the Defendant’s failure to provide suitable accommodation under its duty under section 193(2) of the 1996 Act. The Defendant admitted breach of its statutory duty because the accommodation that it was providing was not suitable. The parties now disputed the relief: she contended that a … Continue reading Imam, Regina (on The Application of) v The London Borough of Croydon: Admn 26 Mar 2021

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

Akwiwu and Another v Onu: EAT 1 May 2013

EAT Race Discrimination : Direct Indirect Post Employment UNLAWFUL DEDUCTION FROM WAGES NATIONAL MINIMUM WAGE WORKING TIME REGULATIONS The Claimant was a Nigerian woman who had been employed as a domestic servant for Nigerian employers, having obtained a migrant domestic workers’ visa to enable her to do so. She succeeded on her claim for direct … Continue reading Akwiwu and Another v Onu: EAT 1 May 2013

Ladele v London Borough of Islington: CA 15 Dec 2009

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

British Airways Plc v Mak and Others: CA 24 Feb 2011

The court was asked whether the Employment Tribunal had jurisdiction to hear claims of age discrimination brought by the appellant’s employees, based in Hong Kong, but working as crew on flights between there and London. Held: The appeal failed: ‘There was no error of law in the ET’s ruling that Ms Mak did ‘her work … Continue reading British Airways Plc v Mak and Others: CA 24 Feb 2011

Innospec Ltd and Others v Walker: EAT 18 Feb 2014

EAT Sex Discrimination : Sexual Orientation discrimination / transexualism : The recipient of an occupational pension since 2003, under the terms of a pension scheme which provided survivor’s benefits to spouses but not to those in a civil partnership, insofar as those benefits derived from service prior to the day the Civil Partnership Act 2004 … Continue reading Innospec Ltd and Others v Walker: EAT 18 Feb 2014

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

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

Wasteney v East London NHS Foundation Trust: EAT 7 Apr 2016

EAT Religion or belief – direct discrimination (section 13 EqA 2010) – harassment (section 26) Article 9 European Convention on Human Rights Complaints had been made by a junior worker of Muslim faith against the Claimant, a more senior manager position who was a Christian. The complaints related to various interactions with the Claimant which … Continue reading Wasteney v East London NHS Foundation Trust: EAT 7 Apr 2016

CVS Solicitors Llp and Another v Van Der Borgh (Religion or Belief Discrimination): EAT 26 Jul 2013

cvs_borghEAT072013 EAT RELIGION OR BELIEF DISCRIMINATION AGE DISCRIMINATION The authorities on the alternative definition of ’employee’ in Employment Equality (Religion or Belief) Regulations 2003 and Employment Equality (Age) Regulations 2006 as a person employed ‘under a contract personally to do any work’ establish that there is a dichotomy between independent providers of services who are … Continue reading CVS Solicitors Llp and Another v Van Der Borgh (Religion or Belief Discrimination): EAT 26 Jul 2013

Eweida v British Airways Plc: CA 12 Feb 2010

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

Seldon v Clarkson Wright and Jakes (A Partnership): CA 28 Jul 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 International v Ahmed: EAT 13 Aug 2009

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

Homer v Chief Constable of West Yorkshire Police: SC 25 Apr 2012

The appellant had failed in his claim for indirect age discrimination. Approaching retirement, he complained that new conditions allowing advancement to graduates only, discriminated against him since he could not complete a degree before retiring. Held: The appeal succeeded, but the case was remitted to investigate whether the discrimination could be properly justified: ‘Part of … Continue reading Homer v Chief Constable of West Yorkshire Police: SC 25 Apr 2012

Rolls-Royce plc v Unite the Union: CA 14 May 2009

The parties disputed whether the inclusion of length of service within a selection matrix for redundancy purposes would amount to unlawful age discrimination. The court was asked whether it was correct to make a declaratory judgment when the case had otherwise been effectively settled. Held: With considerable misgivings, the court agreed to hear the appeal. … Continue reading Rolls-Royce plc v Unite the Union: CA 14 May 2009

Ghaidan v Godin-Mendoza: HL 21 Jun 2004

Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004

Igen Ltd v Wong: CA 18 Feb 2005

Proving Discrimination – Two Stage Process Each appeal raised procedural issues in discrimination cases, asking where, under the new regulations, the burden of proof had shifted. Held: The new situation required a two stage process before a complaint could be upheld. First the claimant had to establish facts allowing the tribunal to conclude, in the … Continue reading Igen Ltd v Wong: CA 18 Feb 2005

Pendleton v Derbyshire County Council and Another (Religion or Belief Discrimination): EAT 29 Mar 2016

EAT Religion or belief (section 10 Equality Act 2010) – indirect discrimination (section 19 Equality Act 2010) The Claimant – a teacher of some years standing with an exemplary record of service at the Second Respondent school – was dismissed after she elected to remain with her husband (a Headmaster of another local school) after … Continue reading Pendleton v Derbyshire County Council and Another (Religion or Belief Discrimination): EAT 29 Mar 2016

Timothy James Consulting Ltd v Wilton: EAT 5 Mar 2015

EAT Harassment – SEX DISCRIMINATION – Injury to feelings SEX DISCRIMINATION – Other losses The Claimant resigned from the Respondent company and was found by the Employment Tribunal to have been constructively dismissed as the result of three acts of harassment related to her sex. She succeeded in her claim, including claims for unfair dismissal … Continue reading Timothy James Consulting Ltd v Wilton: EAT 5 Mar 2015

Duncan v Ministry of Defence: EAT 2 Oct 2014

duncan_modEAT1410 EAT Sex Discrimination : Jurisdiction – Section 121 Equality Act 2010 – purposive construction required to achieve lawful balance between the statutory aim of enabling the Armed Forces to determine complaints internally prior to litigation and a complainant’s right of access to a Court/Tribunal within a reasonable time. That could be achieved by reading … Continue reading Duncan v Ministry of Defence: EAT 2 Oct 2014

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

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

Clyde and Co Llp and Another v Winkelhof: QBD 22 Mar 2011

The claimant firm of solicitors sought an order requiring the defendant to amend her employment tribunal claim so as to accord with the partnership agreement to which she was party, and to submit to arbitration. The defendant said that statutory provisions said that her freedom to go to court could not be ousted, and that … Continue reading Clyde and Co Llp and Another v Winkelhof: QBD 22 Mar 2011

Savage v South Essex Partnership NHS Foundation Trust (MIND intervening): HL 10 Dec 2008

The deceased had committed suicide on escaping from a mental hospital. The Trust appealed against a refusal to strike out the claim that that they had been negligent in having inadequate security. Held: The Trust’s appeal failed. The fact that she was detained for her own protection rather than to protect others required different standards … Continue reading Savage v South Essex Partnership NHS Foundation Trust (MIND intervening): HL 10 Dec 2008

Age UK, Regina (On the Application of) v Attorney General: Admn 25 Sep 2009

Age UK challenged the implementation by the UK of the Directive insofar as it established a default retirement age (DRA) at 65. Held: The claim failed. The decision to adopt a DRA was not a disproportionate way of giving effect to the social aim of labour market confidence. The use of a designated retirement age … Continue reading Age UK, Regina (On the Application of) v Attorney General: Admn 25 Sep 2009

Webb v EMO Air Cargo (UK) Ltd (No 2): HL 20 Oct 1995

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