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

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

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

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

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

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

Byrzykowski v Poland: ECHR 27 Jun 2006

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

Unite The Union v Nailard: EAT 27 Sep 2016

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

R v W: EAT 27 Jan 2016

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

Salman v Turkey: ECHR 27 Jun 2000

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

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

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

Manchester City Council v Pinnock: SC 3 Nov 2010

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

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

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

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

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

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

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

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

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

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

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

Jivraj v Hashwani: SC 27 Jul 2011

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

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

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

HM Land Registry v Grant: EAT 15 Apr 2010

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

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

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

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

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

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

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

Acts

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

Ahir v British Airways Plc: EAT 15 Apr 2016

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Loizidou v Turkey (Merits): ECHR 18 Dec 1996

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

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

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

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

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

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

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

Hoareau and Another, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 8 Feb 2019

Challenge to resettlement arrangements for population removed from Chagos Islands. Judges: Singh LJ, Carr J Citations: [2019] EWHC 221 (Admin), [2019] 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

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

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

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

Capita Customer Management Ltd v Ali: EAT 11 Apr 2018

Sex Discrimination – SEX DISCRIMINATION – Indirect VICTIMISATION DISCRIMINATION – Detriment A father who wished to take shared parental leave so that his wife could go back to work claimed direct sex discrimination in not being entitled to pay at the higher maternity pay rate for 12 weeks after the 2 weeks compulsory maternity leave … Continue reading Capita Customer Management Ltd v Ali: EAT 11 Apr 2018

Birmingham City Council v Lawrence (Disability Discrimination): EAT 2 Jun 2017

EAT DISABILITY DISCRIMINATION – Section 15 DISABILITY DISCRIMINATION – Reasonable adjustments UNFAIR DISMISSAL -Reasonableness of dismissal Disability discrimination – discrimination by means of unfavourable treatment because of something arising in consequence of disability – section 15 Equality Act 2010 Disability discrimination – discrimination by means of a failure to comply with a duty to make … Continue reading Birmingham City Council v Lawrence (Disability Discrimination): EAT 2 Jun 2017

Lyfar-Cisse v Brighton and Sussex University Hospitals NHS Trust and Another: EAT 2 Mar 2017

EAT Victimisation Discrimination : Detriment – – Other forms of victimisation The Appellant had brought a successful race discrimination claim against her employer, the First Respondent, in 2007. In 2011 she raised a grievance against two colleagues. The Second Respondent (the First Respondent’s Human Resources Director) decided to intervene in the grievance in part because … Continue reading Lyfar-Cisse v Brighton and Sussex University Hospitals NHS Trust and Another: EAT 2 Mar 2017

Sharfudeen v T J Morris Ltd T/A Home Bargains: EAT 3 Mar 2017

EAT Unfair Dismissal: Constructive Dismissal – RACE DISCRIMINATION – Direct UNLAWFUL DEDUCTION FROM WAGES Constructive dismissal – section 95(1)(c) Employment Rights Act 1996 – whether breach of the implied term – Malik and Anor v BCCI SA [1997] ICR 606 HL Race discrimination – sections 13(1), 23 and 136(2) Equality Act 2010 – direct discrimination … Continue reading Sharfudeen v T J Morris Ltd T/A Home Bargains: EAT 3 Mar 2017

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

Ramsahai and Others v The Netherlands: ECHR 10 Nov 2005

(Grand Chamber) The police had shot someone suspected of stealing a scooter. The family complained that they had not been given full access to the documents seen by the enquiry into his death. Held: In order to be ‘effective’ as this expression is to be understood in the context of Article 2 of the Convention, … Continue reading Ramsahai and Others v The Netherlands: ECHR 10 Nov 2005

City of York Council v Grosset: EAT 1 Nov 2016

EAT Disability Discrimination – Section 15 DISABILITY DISCRIMINATION – Justification UNFAIR DISMISSAL – Reasonableness of dismissal Appeal Disability discrimination – unfavourable treatment because of something arising from the consequences of disability – justification – section 15 Equality Act 2010 (‘EqA’) The Claimant – Head of English at a secondary comprehensive school operated by the Respondent … Continue reading City of York Council v Grosset: EAT 1 Nov 2016

Mefful v Merton and Lambeth Citizens Advice Bureau: EAT 6 Oct 2016

EAT (Disability Discrimination : Exclusions/Jurisdictions) The first Employment Tribunal determined the Appellant was not a disabled person by reason of his hearing impairment. The second Employment Tribunal (following remission) determined the Appellant was a disabled person having regard to his left shoulder impairment, but that the cumulative effect of his hearing condition together with his … Continue reading Mefful v Merton and Lambeth Citizens Advice Bureau: EAT 6 Oct 2016

Fairlead Maritime Ltd v Parsoya: EAT 30 Oct 2016

EAT Race Discrimination: Indirect – JURISDICTIONAL POINTS – Extension of time: just and equitable Indirect race discrimination – claim in time – continuing act – section 123(3) Equality Act 2010 – just and equitable extension of time The Respondent had operated an indirectly discriminatory policy of under-paying those with ’employability issues’ – effectively where it … Continue reading Fairlead Maritime Ltd v Parsoya: EAT 30 Oct 2016

Henderson v The General Municipal and Boilermakers Union: CA 11 Oct 2016

The claimant appealed against rejection of his claims for unfair dismissal and otherwise. The union appealed against a finding in favour of the claim for discrimination (and otherwise) on account of his religion or belief, namely ‘left wing democratic socialism’. At the EAT all claims were dismissed. Underhill, Briggs LJJ [2016] EWCA Civ 1049 Bailii … Continue reading Henderson v The General Municipal and Boilermakers Union: CA 11 Oct 2016

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

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

Kelly v Covance Laboratories Ltd (Race Discrimination: Direct): EAT 20 Oct 2015

EAT HARASSMENT – Conduct HARASSMENT – Purpose Equality Act 2010 sections 13(1), 23 and 26 In circumstances in which the Claimant had been instructed not to speak Russian in the workplace, had the Employment Tribunal erred in dismissing her claims of direct race (national origins) discrimination and/or harassment related to her race (national origins)? Held: … Continue reading Kelly v Covance Laboratories Ltd (Race Discrimination: Direct): EAT 20 Oct 2015

McCaughey and Another, Re Application forJudicial Review: SC 18 May 2011

The claimants sought a fuller inquest into deaths at the hands of the British Army in 1990 in Northern Ireland. On opening the inquest, the coroner had declined to undertake to hold a hearing compliant with article 2, and it had not made progress. The applicants believed this would require a further investigation of the … Continue reading McCaughey and Another, Re Application forJudicial Review: SC 18 May 2011

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

Smith v Gartner UK Ltd: EAT 8 Mar 2016

EAT (Practice and Procedure: Striking-Out/Dismissal) UNLAWFUL DEDUCTION FROM WAGES AGE DISCRIMINATION The ET struck out the Claimant’s claims of unauthorised deductions and age discrimination after receiving written submissions from the parties. Specifically, it found the Respondent’s only contractual obligation was to provide an insured long-term disability scheme, the benefits to be provided by the insurer … Continue reading Smith v Gartner UK Ltd: EAT 8 Mar 2016

Rochford v WNS Global Services (UK) Ltd and Others: EAT 24 Sep 2015

EAT Unfair Dismissal: Reason for Dismissal Including Substantial Other Reason – DISABILITY DISCRIMINATION – Disability related discrimination – CONTRACT OF EMPLOYMENT – Wrongful dismissal The Employment Tribunal was entitled to find that the Claimant’s dismissal, albeit procedurally unfair, was substantively fair by reason of his misconduct, notwithstanding a separate finding that his demotion constituted discrimination … Continue reading Rochford v WNS Global Services (UK) Ltd and Others: EAT 24 Sep 2015

Ford Motor Company Ltd v Elliott and Others: EAT 24 Sep 2015

EAT AGE DISCRIMINATION – On a Preliminary Hearing to determine whether the Employment Tribunal has jurisdiction to hear age discrimination claims by pensioners that they were not paid lump sums in respect of a change in the basis for pension increases which were made to current employees, the Employment Judge failed to consider whether the … Continue reading Ford Motor Company Ltd v Elliott and Others: EAT 24 Sep 2015

May v Secretary of State for Transport: EAT 22 Jun 2015

EAT Disability Discrimination: Disability – The Claimant claimed to have been disabled by reason of suffering cognitive impairment and memory loss. The medical evidence was at best equivocal and evidence from lay witnesses was conflicting. The Employment Tribunal had given itself a proper direction as to the law, and was not satisfied that the Claimant … Continue reading May v Secretary of State for Transport: EAT 22 Jun 2015

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

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

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

Land Registry v Houghton and Others: EAT 12 Feb 2015

EAT Disability Discrimination: Disability Related Discrimination – Justification – Disability related discrimination. Equality Act 2010 section 15. Non-payment of bonus due to the Claimants having received a warning for disability related sick absence. Prima facie discrimination causatively made out. The Employment Tribunal were entitled to reject the Respondent’s justification defence. Peter Clarke HHJ [2015] UKEAT … Continue reading Land Registry v Houghton and Others: EAT 12 Feb 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

Greenland v Secretary of State for Justice: EAT 28 Jan 2015

EAT Race Discrimination: Indirect – This is an appeal against a decision of the employment tribunal dismissing a claim for indirect discrimination. The case concerned the remuneration paid to different categories of members of the Parole Board. For a period between November 2009 and 1 April 2014, the Secretary of State determined that retired judges … Continue reading Greenland v Secretary of State for Justice: EAT 28 Jan 2015

Moore and Another v Secretary of State for Communities and Local Government: Admn 21 Jan 2015

‘In this case the Court is required to consider the approach of the Defendant Secretary of State for Communities and Local Government (‘SSCLG’) to the consideration and determination of planning appeals which relate to the provision of pitches for use by travellers within the Green Belt. Such pitches are used to station caravans in which … Continue reading Moore and Another v Secretary of State for Communities and Local Government: Admn 21 Jan 2015

Perry’s Motor Sales Ltd v Evans: EAT 17 Nov 2014

EAT Disability Discrimination: Reasonable Adjustments – JURISDICTIONAL POINTS – Claim in time and effective date of termination – JURISDICTIONAL POINTS – Extension of time: just and equitable – UNFAIR DISMISSAL – Constructive dismissal – PRACTICE AND PROCEDURE – Costs Disability Discrimination – failure to comply with an obligation to make reasonable adjustments (section 21 Equality … Continue reading Perry’s Motor Sales Ltd v Evans: EAT 17 Nov 2014

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

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

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

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

Agbenowossi-Koffi v Donvand Ltd (T/A Gullivers Travel Associates): CA 24 Jun 2014

The claimant, of Black African origin, was publicly described as a ‘monkey in silk’ which led to her suffering depression. The company responded that her claim was out of time. Lord Dyson MR, Sullivan, Sharp LJJ [2014] EWCA Civ 855, [2014] ICR D27, [2014] WLR(D) 282 Bailii, WLRD Equality Act 2010 123 England and Wales … Continue reading Agbenowossi-Koffi v Donvand Ltd (T/A Gullivers Travel Associates): CA 24 Jun 2014

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

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

Hainsworth v Ministry of Defence: EAT 16 Jul 2013

EAT Disability Discrimination : Reasonable Adjustments Langstaff J P [2013] UKEAT 0227 – 13 – 1607 Bailii Equality Act 2010 England and Wales Cited by: Appeal from – 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 … Continue reading Hainsworth v Ministry of Defence: EAT 16 Jul 2013

Copeland v E Coomes (Holdings) Ltd (Age Discrimination): EAT 13 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

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

Drozd and Janousek v France and Spain: ECHR 26 Jun 1992

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