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Angard Staffing Solutions Ltd and Another v Kocur and Another (Agency Workers and Contract of Employment): EAT 11 Dec 2020

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 that: (1) The right conferred by regulation 13(1) of the AWR (derived from Article 6.1 of the … Continue reading Angard Staffing Solutions Ltd and Another v Kocur and Another (Agency Workers and Contract of Employment): EAT 11 Dec 2020

Johal v Commission for Equality and Human Rights: EAT 2 Jul 2010

EAT SEX DISCRIMINATION – Pregnancy and discriminationWhether detriment complained of by Claimant was unfavourable treatment on the grounds that she was on maternity leave (Sex Discrimination Act 1975, s3A)? Employment Tribunal found on the facts that it was not. That finding was a permissible one on the facts; there was no error in the ET’s … Continue reading Johal v Commission for Equality and Human Rights: EAT 2 Jul 2010

Brauer v Germany: ECHR 28 Jan 2010

Just satisfaction – friendly settlement Judges: Peer Lorenzen, P Citations: 3545/04, [2010] ECHR 74 Links: Bailii Statutes: European Convention on Human Rights 8 Citing: See Also – Brauer v Germany ECHR 28-May-2009 The applicant was born outside marriage in 1948 in East Germany and claimed a share of the estate of her father, who had … Continue reading Brauer v Germany: ECHR 28 Jan 2010

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

Sridhar v Kingston Hospital NHS Foundation Trust (Practice and Procedure : Race Discrimination): EAT 21 Jul 2020

The Appellant appealed against the ruling of the Employment Tribunal at a Preliminary Hearing that certain of his race discrimination and racial harassment claims should be struck out because they were out of time. The appeal was allowed, on the basis that the Tribunal had not addressed the Appellant’s contention that apparently disparate acts and … Continue reading Sridhar v Kingston Hospital NHS Foundation Trust (Practice and Procedure : Race Discrimination): EAT 21 Jul 2020

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

R (JDR) v First-Tier Tribunal and CICA (Tribunal Procedure and Practice (Including UT) : Other): UTAA 22 Oct 2014

JDR_fttUTAA1410 The case raises issues concerning: (i) the application of the Equality Act 2010 to judicial decisions; and (ii) the exercise of the tribunal’s power to reject an agreed submission on the decision that should be made. Jacobs UTJ [2014] UKUT 478 (AAC) Bailii Equality Act 2010 England and Wales Personal Injury Updated: 02 November … Continue reading R (JDR) v First-Tier Tribunal and CICA (Tribunal Procedure and Practice (Including UT) : Other): UTAA 22 Oct 2014

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

Medvedyev And Others v France: ECHR 29 Mar 2010

(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

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

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

Ministry of Defence v Cummins: EAT 20 Mar 2015

EAT Disability Discrimination: Reasonable Adjustments The Employment Appeal Tribunal allowed the appeal by the Respondent against the decision of the Employment Tribunal that it had breached its duty to make reasonable adjustments on the ground that the Tribunal failed, as it was required to do, to make proper findings as to whether the adjustments sought … Continue reading Ministry of Defence v Cummins: EAT 20 Mar 2015

Hottak and Another, Regina (on The Application of) v The Secretary of State for Foreign and Commonwealth Affairs and Another: CA 9 May 2016

Appeal against refusal of judicial review of decision not to provide protection of Afghan nationals who had assisted armed forces as transalators. A declaration had been granted but the decision had not been quashed. Held: The appeal failed. The Divisional Court’s decision to do no more than grant declaratory relief was an exercise of the … Continue reading Hottak and Another, Regina (on The Application of) v The Secretary of State for Foreign and Commonwealth Affairs and Another: CA 9 May 2016

IPC Media Ltd v Millar (Disability Discrimination : Section 15): EAT 26 Apr 2013

EAT DISABILITY DISCRIMINATION – SECTION 15DISABILITY DISCRIMINATION – BURDEN OF PROOFClaimant dismissed for redundancy – Not given the chance to apply for two vacancies for which the Tribunal considered she was potentially appointable – Claimant had a history of absences due to operations for a knee condition which constituted a disability – Tribunal holds, applying … Continue reading IPC Media Ltd v Millar (Disability Discrimination : Section 15): EAT 26 Apr 2013

Rowstock Ltd v Jessemey: EAT 5 Mar 2013

EAT UNFAIR DISMISSAL – Polkey deduction AGE DISCRIMINATION – Dismissal VICTIMISATION – Post-employment FACTS The employee was dismissed on grounds of retirement, having reached an age over 65. A failure by the employer to follow statutory procedures in relation to age-related retirement led to findings by an Employment Tribunal of unfair dismissal and of unlawful … Continue reading Rowstock Ltd v Jessemey: EAT 5 Mar 2013

Re Erskine 1948 Trust: ChD 29 Mar 2012

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 beneficary’s death, all impediments to inheritance by adopted children had been removed by statute. … Continue reading Re Erskine 1948 Trust: ChD 29 Mar 2012

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

Burmah Oil Company (Burma Trading) Limited v Lord Advocate: HL 21 Apr 1964

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 Japanese occupied Rangoon. The question was, whether compensation was payable for this destruction. … Continue reading Burmah Oil Company (Burma Trading) Limited v Lord Advocate: HL 21 Apr 1964

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

Ameyaw v Pricewaterhousecoopers Services Ltd: EAT 11 Dec 2019

Practice and Procedure – Case Management The Claimant presented three claims containing multiple complaints under the Equality Act 2010, of alleged treatment by the Respondents during the course of her employment. In the run-up the Full Merits Hearing, she dis-instructed her solicitors and subsequently retained counsel to represent her at that Hearing on a direct … Continue reading Ameyaw v Pricewaterhousecoopers Services Ltd: EAT 11 Dec 2019

JM and NT, Regina (on The Application of) v Isle of Wight Council: Admn 11 Nov 2011

The claimants, disabled adults receiving community care services challenged changes to the eligibility threshold for such services.When carrying out their functions, public authorities must have ‘due regard’ to six ‘needs’ identified in the section. Each ‘need’ represents a particular goal, which if achieved, would further the overall goal of the disability legislation. But the authority … Continue reading JM and NT, Regina (on The Application of) v Isle of Wight Council: Admn 11 Nov 2011

Freeman v Ultra Green Group Ltd: EAT 9 Aug 2011

EAT VICTIMISATION DISCRIMINATION – Protected disclosureUNFAIR DISMISSAL – Automatically unfair reasonsThe Tribunal erred in law in holding that words spoken at a meeting by the Claimant did not amount to information for the purposes of section 43B of the Employment Rights Act 1996. Cavendish Munro Professional Risks Management v Geduld [2010] ICR 125 applied.The Tribunal … Continue reading Freeman v Ultra Green Group Ltd: EAT 9 Aug 2011

Redmond-Bate v Director of Public Prosecutions: Admn 23 Jul 1999

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

Harrison v Aryman Ltd (Admissibility of Evidence): EAT 27 Aug 2019

Following her resignation, the Claimant presented a claim form. The Respondent had written her a letter in August 2016 proposing that her employment be terminated on the basis of a settlement agreement. Her case was that this was a reaction to the news that she was pregnant, that there had been a history of various … Continue reading Harrison v Aryman Ltd (Admissibility of Evidence): EAT 27 Aug 2019

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

Kaur and Another, Regina (on the Application of) v London Borough of Ealing and Another: Admn 29 Jul 2008

The applicants, representatives of the Black Sisters, challenged the implementation of a policy allocating grants. The authority required the services sponsored to provise services irrespective of race. The Black Sisters said this would impact disproportionately on black and ethnic minorities. Held: A Minister must assess the risk and extent of any adverse impact and the … Continue reading Kaur and Another, Regina (on the Application of) v London Borough of Ealing and Another: Admn 29 Jul 2008

A Ltd v Z: EAT 28 Mar 2019

Disability related discrimination – section 15(2) – knowledge; section 15(1)(b) – justification; loss and mitigation; compensation It was accepted that the Claimant was a disabled person for the purposes of the Equality Act 2010 – by reason of the fact she suffered from mental and psychiatric impairments, namely stress, depression, low mood and schizophrenia – … Continue reading A Ltd v Z: EAT 28 Mar 2019

Birtenshaw v Oldfield: EAT 11 Apr 2019

DISABILITY DISCRIMINATION – Disability related discrimination The Claimant was employed by the Respondent, a provider of services for adults and children with special needs, as a care worker on a temporary basis. She applied for and was granted a permanent position, but subject to medical clearance. Following receipt of a medical report, the Respondent withdrew … Continue reading Birtenshaw v Oldfield: EAT 11 Apr 2019

The National Union of Rail, Maritime and Transport Workers (RMT) v Lloyd (Age Discrimination): EAT 15 Mar 2019

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

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

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

Dhamija v The Liberal Democrats In England: QBD 24 Apr 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: [2019] EWHC 1398 (QB) Links: Bailii Statutes: Equality Act 2010 Jurisdiction: England and Wales Discrimination Updated: 08 July 2022; Ref: scu.638201

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

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

McLeary v One Housing Group Ltd: EAT 6 Feb 2019

JURISDICTIONAL POINTS – Claim in time and effective date of termination DISABILITY DISCRIMINATION Following her resignation, the Appellant complained of various types of disability discrimination and of constructive unfair dismissal. At a Preliminary Hearing the Judge determined that all the complaints of discrimination during employment were out of time and that it was not just … Continue reading McLeary v One Housing Group Ltd: EAT 6 Feb 2019

Isayeva, Yusupova And Bazayeva v Russia: ECHR 24 Feb 2005

ECHR Judgment (Merits and Just Satisfaction). The court considered the duties of a signatory state under article 2 when taking substantial military actions against insurgents. Citations: 57949/00, [2005] ECHR 129, 57947/00, 57948/00, (2005) 41 EHRR 39 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 2 Jurisdiction: Human Rights Cited by: Cited – Smith, Regina … Continue reading Isayeva, Yusupova And Bazayeva v Russia: ECHR 24 Feb 2005

Oladipo v Lush Retail Ltd: EAT 16 Aug 2018

VICTIMISATION DISCRIMINATION – Other forms of victimisation The Tribunal’s approach to and reasons for its Judgment in relation to the Claimant’s complaint of victimisation dismissal and some of the evidence were unclear. Overall, and on the particular facts of the case, the lack of findings about the dismissing officers’ knowledge or belief of the protected … Continue reading Oladipo v Lush Retail Ltd: EAT 16 Aug 2018

Regina v Minister of Agriculture, Fisheries and Food and Secretary of State For Health, ex Parte Fedesa and Others: ECJ 13 Nov 1990

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

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

Loizidou v Turkey: ECHR 23 Mar 1995

(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

Cornerstone (North East) Adoption and Fostering Services Ltd, Regina (on The Application of) v HM Chief Inspector of Education, Children’s Services and Skills (OFSTED): CA 24 Sep 2021

The Court was asked whether it was lawful for Cornerstone only to accept heterosexual evangelical Christians as potential carers. Ofsted considers that it is unlawful and, in a report issued in draft it assessed the effectiveness of Cornerstone’s leaders and managers as ‘Inadequate’. This was in large measure because Ofsted considered that, by only recruiting … Continue reading Cornerstone (North East) Adoption and Fostering Services Ltd, Regina (on The Application of) v HM Chief Inspector of Education, Children’s Services and Skills (OFSTED): CA 24 Sep 2021

Black and Others v Arriva North East Ltd: 1 May 2013

Middlesborough County Court. The claimants complained of a policy by the defendant bus company as to the use of wheelchair spaces on buses in that disabled users were not given absolute priority above buggy users. Held: The company were not guilty of unlawful discrimination. Judges: Bowers HHJ Citations: Unreported, 1 May 2013 Statutes: Equality Act … Continue reading Black and Others v Arriva North East Ltd: 1 May 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

Hextall v Leicestershire Police: EAT 1 May 2018

Equal Pay Act – Sex Discrimination – Indirect The Claimant claimed indirect sex discrimination under provisions in the Respondent Police Force in that the only option for men taking leave after the birth of their child is shared parental leave (‘SPL’) at the statutory rate of pay whereas women have the option of taking maternity … Continue reading Hextall v Leicestershire Police: EAT 1 May 2018

Long, Regina (on The Application of) v Secretary of State for Defence: Admn 15 Jul 2014

The claimant’s son had been one of six soldiers of the Royal Military police to have been murdered by an armed mob attacking a police station in Iraq in 2003. The said that their deaths had not been properly or sufficiently investigated. The corone had requested the police to investigate whether there had been any … Continue reading Long, Regina (on The Application of) v Secretary of State for Defence: Admn 15 Jul 2014

Stec and Others v United Kingdom: ECHR 12 Apr 2006

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

Ward and Others, Regina (on The Application of) v The London Borough of Hillingdon and Others: CA 16 Apr 2019

Challenge to housing policy as discriminatory against Irish travellers or Kurdish refugees. Judges: Underhill VP, Lewison, King LJ Citations: [2019] EWCA Civ 692, [2019] WLR(D) 244, [2019] PTSR 1738 Links: Bailii, WLRD Statutes: Housing Act 1996 166A, Children Act 2004 11(2), Equality Act 2010 19 29 149 Jurisdiction: England and Wales Citing: Appeal from – … Continue reading Ward and Others, Regina (on The Application of) v The London Borough of Hillingdon and Others: CA 16 Apr 2019

Tree v South East Coastal Ambulance Service NHS Foundation Trust: EAT 4 Jul 2017

EAT PRACTICE AND PROCEDURE – Imposition of deposit Deposit Order – Rule 39 Employment Tribunal Rules 2013 The Claimant had pursued claims of disability discrimination under sections 13 (direct discrimination) and 15 (discrimination because of something arising in consequence of disability) Equality Act 2010 (‘EqA’). At a Preliminary Hearing listed to determine time limit issues, … Continue reading Tree v South East Coastal Ambulance Service NHS Foundation Trust: EAT 4 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

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

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

Buchanan v The Commissioner of Police of The Metropolis: EAT 30 Sep 2016

EAT Disability Discrimination: Disability Related Discrimination – Justification The Claimant, a serving police officer who had a disability by virtue of a serious motor cycle accident, was made subject to the ‘Unsatisfactory Performance Procedure’ laid down in the Police (Performance) Regulations 2012. He complained to the Employment Tribunal that a series of steps taken at … Continue reading Buchanan v The Commissioner of Police of The Metropolis: EAT 30 Sep 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

Lowmoore Nursing Home Ltd v Smith: EAT 21 Jun 2016

EAT Debarred – Unfair Dismissal: Constructive Dismissal – DISABILITY DISCRIMINATION – Reasonable adjustments The Employment Tribunal did not err in determining the claim for failing to make reasonable adjustments. They did not reach their decision on a different basis from that which the Claimant raised with her employer and set out in her Particulars of … Continue reading Lowmoore Nursing Home Ltd v Smith: EAT 21 Jun 2016

Warner v B and M Europe Ltd: EAT 13 Jul 2016

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

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

Donkor v The Royal Bank of Scotland (Age Discrimination) (Rev 1): EAT 16 Oct 2015

EAT Equality Act 2010 sections 5, 13(1) and (2), 23 and 39(2)(d) Direct age discrimination – different treatment of those aged over 50. Held: Allowing the appeal. (1) The ET had erred in its approach to the question of comparison; wrongly relying on the differences attributable to the ages of the Claimant and his comparators … Continue reading Donkor v The Royal Bank of Scotland (Age Discrimination) (Rev 1): EAT 16 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

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

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

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

Basildon and Thurrock NHS Foundation Trust v Weerasinghe: EAT 29 Jul 2015

EAT Disability Discrimination: Section 15 – An Employment Tribunal held that the Claimant, a Consultant Cardiothoracic Surgeon, had a serious lung condition which fluctuated in its effect on his day-to-day abilities. He was able to attend interviews for another job in Cork, and courses on the continent, despite being on sick leave and in receipt … Continue reading Basildon and Thurrock NHS Foundation Trust v Weerasinghe: EAT 29 Jul 2015

Ministry of Defence v Holloway and Others (Jurisdictional Points): EAT 28 Jul 2015

EAT JURISDICTIONAL POINTS By a Treaty of 1960, the UK constituted the island of Cyprus an independent state, but retained two areas of the Island as military base areas (the Sovereign Base Areas – ‘SBAs’). Civilians who were dependents of service personnel or civil servants accompanying the Armed Forces in the SBAs engaged while in … Continue reading Ministry of Defence v Holloway and Others (Jurisdictional Points): EAT 28 Jul 2015

Hunt v North Somerset Council: SC 22 Jul 2015

The appellant had sought judicial review of a decision of the respondent to approve a Revenue Budget for 2012/13 as to the provision of youth services. He applied for declarations that the respondent had failed to comply with section 149 of the Equality Act 2010 and section 507B of the Education Act 1996 and for … Continue reading Hunt v North Somerset Council: SC 22 Jul 2015

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

NHS Direct NHS Trust (Now Known As South Central) v Gunn (Transfer of Undertakings : Objection To Transfer): EAT 14 May 2015

EAT TRANSFER OF UNDERTAKINGS TRANSFER OF UNDERTAKINGS – Objection to Transfer PRACTICE AND PROCEDURE PRACTICE AND PROCEDURE – Striking out/Dismissal An employee whose disabilities were such that she worked 8.5 hours per week for her employer was part of a service which was to be taken over by NHS Direct NHS Trust (now known as … Continue reading NHS Direct NHS Trust (Now Known As South Central) v Gunn (Transfer of Undertakings : Objection To Transfer): EAT 14 May 2015

Cummins v Ministry of Defence: EAT 20 Mar 2015

EAT Disability Discrimination: Reasonable Adjustments The Employment Appeal Tribunal allowed the appeal by the Respondent against the decision of the Employment Tribunal that it had breached its duty to make reasonable adjustments on the ground that the Tribunal failed, as it was required to do, to make proper findings as to whether the adjustments sought … Continue reading Cummins v Ministry of Defence: EAT 20 Mar 2015

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

Kerry Ingredients (UK) Ltd v Little: EAT 16 Feb 2015

EAT Unfair Dismissal : Compensation Polkey deduction Having found that the Claimant had been unfairly dismissed and suffered discrimination arising in consequence of his disability, indirect disability discrimination, and discrimination by reason of a failure to make reasonable adjustments, the ET considered what compensation would be awarded to the Claimant for his pecuniary losses. Finding … Continue reading Kerry Ingredients (UK) Ltd v Little: EAT 16 Feb 2015

Saad v University Hospital Southampton NHS Trust and Another: EAT 4 Dec 2014

EAT Disability Discrimination: Disability The Appellant was a Specialist Registrar in cardiothoracic surgery. He contended that he had a disability within the meaning of section 6 of the Equality Act 2010. He had an impairment in the form of a depressive and general anxiety disorder. He contended that the impairment had a substantial and long-term … Continue reading Saad v University Hospital Southampton NHS Trust and Another: EAT 4 Dec 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

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

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

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

Akerman-Livingstone v Aster Communities Ltd: SC 11 Mar 2015

Appeal about the proper approach of the courts where the defendant to a claim for possession of his home raises a defence of unlawful discrimination, contrary to the Equality Act 2010, by the claimant landlord. In particular, the issue is whether the courts are entitled to take the same summary approach to such a defence, … Continue reading Akerman-Livingstone v Aster Communities Ltd: SC 11 Mar 2015

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

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

Bankovic v Belgium: ECHR 12 Dec 2001

(Grand Chamber) Air strikes were carried out by NATO forces against radio and television facilities in Belgrade on 23 April 1999. The claims of five of the applicants arose out of the deaths of relatives in this raid. The sixth claimed on his own account in respect of injuries sustained during the raid. The claimants … Continue reading Bankovic v Belgium: ECHR 12 Dec 2001

X v Mid Sussex Citizens Advice Bureau and Another: SC 12 Dec 2012

The appellant was disabled, had legal qualifications, and worked with the respondent as a volunteer. She had sought assistance under the Disability Discrimination Act, now the 2012 Act, saying that she counted as a worker. The tribunal and CA had found no contractual relationship. She said that under the 2000 Directive (the Framework Directive ‘FD’) … Continue reading X v Mid Sussex Citizens Advice Bureau and Another: SC 12 Dec 2012

Grant v HM Land Registry: CA 1 Jul 2011

The appellant had succeeded in his claim for sex discrimination arising from his orientation, but the EAT had reversed the decision. He now appealed against the EAT decision. Although he had revealed his sexuality in one post, he had chosen to delay this when moved to a different office, but it had nevertheless been revealed. … Continue reading Grant v HM Land Registry: CA 1 Jul 2011

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

Secretary of State for Defence v Smith, Regina (on the Application of): CA 18 May 2009

The soldier had died of heatstroke after exercises in Iraq. The Minister appealed against a finding that the circumstances of his death required an investigation compliant with Article 2 human rights, saying that he was not subject to such jurisdiction whilst not on a British base in Iraq. The deceased’s family argued that the jurisdiction … Continue reading Secretary of State for Defence v Smith, Regina (on the Application of): CA 18 May 2009

Al Rawi and Others v The Security Service and Others: SC 13 Jul 2011

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

Gentle, Regina (on the Application of) and Another v The Prime Minister and Another: HL 9 Apr 2008

The appellants were mothers of two servicemen who had died whilst on active service in Iraq. They appealed refusal to grant a public inquiry. There had already been coroners inquests. They said that Article 2 had been infringed. Held: The appeal was dismissed. The right to an inquiry was procedural and depended first on the … Continue reading Gentle, Regina (on the Application of) and Another v The Prime Minister and Another: HL 9 Apr 2008

Seldon v Clarkson Wright and Jakes: SC 25 Apr 2012

The appellant claimed that the requirement imposed on him to retire from his law firm partnership on attaining 65 was an unlawful discrimination on the grounds of age. Held: The matter was remitted to the Employment tribunal to see whether the fixing of the mandatory retirment age at 65 was a proportionate means of achieving … Continue reading Seldon v Clarkson Wright and Jakes: SC 25 Apr 2012

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

Anonymity Not Necessary under CPR 3.92. Judgment on the Claimant’s application for an order under CPR 39.2(4) that her name be anonymised in these proceedings by the use of a cipher and that restrictions should be imposed on the reporting of her identity. She said that publication of her name would have adverse psychological factors. … Continue reading Imam, Regina (on The Application of) v The London Borough of Croydon (Anonymity request): Admn 26 Mar 2021

Greenslade v Next Distribution Ltd: EAT 18 Jan 2016

EAT Disability Discrimination: Detriment – DISABILITY DISCRIMINATION – Reasonable adjustments DISABILITY DISCRIMINATION – Section 15 Disability discrimination – ‘detriment’ – failure to make reasonable adjustments (sections 20 and 21 Equality Act 2010) – discrimination arising from the consequences of disability (section 15 Equality Act). The ET had found for the Claimant on her claims of … Continue reading Greenslade v Next Distribution Ltd: EAT 18 Jan 2016

Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales: UTTC 2 Nov 2012

TLC Provision of adoption services by a charity – discrimination against homosexuals and same sex couples who are potential adoptive parents – whether objectively justified under section 193 of the Equality Act 2010 – analogy with approach under Article 14 of the European Convention on Human Rights – whether permission should be granted for amendment … Continue reading Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales: UTTC 2 Nov 2012

Baker and Others, Regina (on the Application of) v Secretary of State for Communities and Local Government and Others: CA 28 Feb 2008

Dyson LJ considered the interaction between race relations law and planning permission in the context of gypsy encampments. He looked at section 71 of the 1976 Act and said: ‘In my judgment, it is important to emphasise that the section 71(1) duty is not a duty to achieve a result, namely to eliminate unlawful racial … Continue reading Baker and Others, Regina (on the Application of) v Secretary of State for Communities and Local Government and Others: CA 28 Feb 2008