Search Results for: Equality Act 2010 53 54

Click the case name for better results:

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

Kulkarni v NHS Education Scotland and Another: EAT 16 Oct 2012

EAT Race Discrimination : Discrimination. Consultant surgeon’s complaint of discrimination based on the fact that he had not had a trainee allocated to him for five years. ‘Qualifications body’ – Equality Act 2010 ss 53 and 54. Appeal by consultant surgeon against Tribunal’s determination that NHS Education Scotland (whose principal objective was to provide education … Continue reading Kulkarni v NHS Education Scotland and Another: EAT 16 Oct 2012

C, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 1 Nov 2017

This case is about how the Department for Work and Pensions (the DWP), in administering our complex welfare benefits system, treats people with a reassigned gender, and specifically whether certain policies conflict (1) with the Gender Recognition Act 2004; (2) with the Human Rights Act 1998; or (3) with the Equality Act 2010. The claimant … Continue reading C, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 1 Nov 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

London Borough of Islington v Ladele: EAT 19 Dec 2008

EAT RELIGION OR BELIEF DISCRIMINATION The claimant was a Registrar who, amongst other things, registered marriages. When the Civil Partnerships Act came into force, she refused to participate in registering such partnerships because to do so was inconsistent with her religious beliefs. The council insisted that she should undertake at least some of these duties, … Continue reading London Borough of Islington v Ladele: EAT 19 Dec 2008

Prasad v Epsom and St Helier University Hospitals NHS Trust: EAT 23 Jan 2019

HARASSMENT – Conduct SEX DISCRIMINATION – Continuing act JURISDICTIONAL POINTS – Extension of time: just and equitable The Claimant’s complaints included one of harassment related to sex, by a colleague having sent an anonymous letter criticising her handling of a patient’s care, to five recipients. The Respondent’s case was that the sender acted solely from … Continue reading Prasad v Epsom and St Helier University Hospitals NHS Trust: EAT 23 Jan 2019

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

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

Reverend Canon Pemberton v Reverend Richard Inwood: EAT 7 Dec 2016

EAT (Sex Discrimination : Marital Status) SEXUAL ORIENTATION DISCRIMINATION HARASSMENT Discrimination – marital status – sexual orientation Qualifications bodies – relevant qualification – sections 53 and 54 Equality Act 2010 Exceptions from liability – religious requirements relating to marriage – schedule 9 paragraph 2 Equality Act 2010 Harassment – section 26 Equality Act 2010 The … Continue reading Reverend Canon Pemberton v Reverend Richard Inwood: EAT 7 Dec 2016

Muzi-Mabaso v HM Revenue and Customs: EAT 13 Nov 2015

EAT Disability Discrimination – Reasonable adjustments – Justification – PRACTICE AND PROCEDURE – Costs Disability Discrimination – Indirect Discrimination (section 19 Equality Act 2010) – Discrimination by Reasons of a Failure to Make Reasonable Adjustments (sections 20 and 21) The Claimant made complaints of indirect disability discrimination and discrimination by reason of a failure to … Continue reading Muzi-Mabaso v HM Revenue and Customs: EAT 13 Nov 2015

Suhail v Barking Havering and Redbridge University Hospitals and Another: EAT 11 Jun 2015

EAT Jurisdictional Points: Worker, Employee or Neither – Whether a GP, whose services were provided to the Trust through a Cooperative, was a worker under section 230(3)(b) Employment Rights Act 1996. The Employment Tribunal was entitled to find that he was not. Whether the Claimant had abandoned an argument that he was a worker under … Continue reading Suhail v Barking Havering and Redbridge University Hospitals and Another: EAT 11 Jun 2015

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

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

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

Aster Communities Ltd v Akerman-Livingstone: CA 30 Jul 2014

The respondent tenant had resisted possession proceedings on the basis of his disability. Held: The court facing such a defence should treat it in the same way as it would an argument that the tenat’s article 8 Human rights were threatened. Arden, Black, Briggs LJJ [2014] EWCA Civ 1081, [2014] WLR(D) 350 Bailii, WLRD European … Continue reading Aster Communities Ltd v Akerman-Livingstone: CA 30 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

Grainger Plc and Others v Nicholson: EAT 3 Nov 2009

EAT RELIGION OR BELIEF DISCRIMINATION A belief in man-made climate change, and the alleged resulting moral imperatives, is capable, if genuinely held, of being a philosophical belief for the purpose of the 2003 Religion and Belief Regulations. The belief must be of a similar cogency or status to a religious belief, the ECHR jurisprudence is … Continue reading Grainger Plc and Others v Nicholson: EAT 3 Nov 2009

Doherty and others v Birmingham City Council: HL 30 Jul 2008

The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to an end. He has no enforceable right to … Continue reading Doherty and others v Birmingham City Council: HL 30 Jul 2008