EAT Disability Discrimination – PRACTICE AND PROCEDURE – Review The CPS appealed against the Employment Tribunal’s decision, on review, to revoke their earlier remedy judgment, made in the absence of the Claimant, and to order a new remedy hearing. In addition to the importance of the finality of litigation, the ET were found to have … Continue reading Fraser v Crown Prosecution Service: EAT 16 Jan 2013
EAT Race Discrimination: Direct – Race discrimination – direct (section 13(1) Equality Act 2010) The Employment Tribunal (‘the ET’) had upheld the Claimant’s claims of direct race discrimination in respect of: (1) the manner of his investigation meeting; and (2) the referral of the Claimant to the disciplinary process. On the Respondent’s appeal, allowing the … Continue reading CP Regents Park Two Ltd v Ilyas: EAT 16 Jun 2015
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
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
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
EAT Contract of Employment : Implied Term/Variation/Construction of Term – DISABILITY DISCRIMINATION – Burden of proof The Employment Tribunal had concluded that a contract of employment which stated that the Claimant was employed to work a minimum of 48 hours in fact meant a maximum of 48 hours. That finding was perverse: no one had … Continue reading Unwin v Oltec Group Trading Ltd and Another (Contract of Employment : Implied Term/Variation/Construction of Term): EAT 13 Feb 2015
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
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
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 Arada v Windle and Another: EAT 16 Sep 2014
EAT PRACTICE AND PROCEDUREDisclosureHUMAN RIGHTS(1) The procedure sanctioned by rule 54 of the Employment Tribunals Rules of Procedure, and by the Employment Tribunals (National Security) Rules of Procedure, is not incompatible with a claimant’s right under Art. 6 of the European Convention on Human Rights to a fair hearing of his claim for discrimination, or … Continue reading Tariq v The Home Office: EAT 16 Oct 2009
Lord Justice Singh [2021] EWCA Civ 1694 Bailii Equality Act 2010 England and Wales Discrimination Updated: 05 December 2021; Ref: scu.669865
EAT Disability Discrimination : Disability – Decision of the Employment Judge that the Claimant had failed to establish recurring or fluctuation effects of his impairment for the requisite period or extent upheld. There was no error of law or perversity in the decision that the Claimant was not a disabled person within the meaning of … Continue reading Williams v Leukaemia and Lymphoma Research: EAT 6 Feb 2014
EAT JURISDICTIONAL POINTS Worker, employee or neither Working outside the jurisdictionWhether LLP equity member was a limb (b) worker under section 230(3). Allowing Claimant’s appeal, she was. Applying Lawson v Serco, Duncombe (No. 2) and Ravat, on any view Employment Tribunal entitled to conclude that it had jurisdiction territorially to entertain both whistleblowing claim (ERA) … Continue reading Van Winkelhof v Clyde and Co Llp and Another: EAT 26 Apr 2012
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
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
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
Appeal against an order dismissing the challenge by the appellant, to the lawfulness of the decision of the respondent, the Council to cut its Youth Services budget for the year 2012/2013. The claimant suffered ADHD and relied on services supported by the Council. Judicial review had been refused. Held: The court upheld the appellant’s argument … Continue reading Hunt, Regina (on The Application of) v North Somerset Council: CA 6 Nov 2013
EAT CONTRACT OF EMPLOYMENT – Frustration DISABILITY DISCRIMINATION – Disability related discrimination For the purposes of claims of unfair dismissal and breach of contract the Respondent argued, and the Employment Tribunal accepted, that the Claimant’s contract came to an end by virtue of the doctrine of frustration. It was argued that this doctrine had no … Continue reading Warner v Armfield Retail and Leisure Ltd (Contract of Employment : Frustration): EAT 8 Oct 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
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
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
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
EAT Religion or belief – direct discrimination (section 13 EqA 2010) – harassment (section 26) Article 9 European Convention on Human Rights Complaints had been made by a junior worker of Muslim faith against the Claimant, a more senior manager position who was a Christian. The complaints related to various interactions with the Claimant which … Continue reading Wasteney v East London NHS Foundation Trust: EAT 7 Apr 2016
cvs_borghEAT072013 EAT RELIGION OR BELIEF DISCRIMINATION AGE DISCRIMINATION The authorities on the alternative definition of ’employee’ in Employment Equality (Religion or Belief) Regulations 2003 and Employment Equality (Age) Regulations 2006 as a person employed ‘under a contract personally to do any work’ establish that there is a dichotomy between independent providers of services who are … Continue reading CVS Solicitors Llp and Another v Van Der Borgh (Religion or Belief Discrimination): EAT 26 Jul 2013
The court was asked whether, by adopting a staff dress code which forbade the wearing of visible neck adornment and so prevented the appellant, a Christian, from wearing with her uniform a small, visible cross, British Airways (BA) indirectly discriminated against her on grounds of religion or belief. Held: There was no requirement that a … Continue reading Eweida v British Airways Plc: CA 12 Feb 2010
The claimant solicitor said that the compulsory retirement from his partnership on age grounds was discriminatory, and that the UK Regulations had not implemented the Directive fully. Held: The appeal failed. The purpose of the provision as to allow the progression of younger members of the practice. This aim was recognised by the legislation, and … Continue reading Seldon v Clarkson Wright and Jakes (A Partnership): CA 28 Jul 2010
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
EAT Religion or belief (section 10 Equality Act 2010) – indirect discrimination (section 19 Equality Act 2010) The Claimant – a teacher of some years standing with an exemplary record of service at the Second Respondent school – was dismissed after she elected to remain with her husband (a Headmaster of another local school) after … Continue reading Pendleton v Derbyshire County Council and Another (Religion or Belief Discrimination): EAT 29 Mar 2016
The court was asked whether a claim as to acts of victimisation could be sustained in connection with actions alleged after termination of employment. Held: The appeal succeeded. The Act operated to proscribe such actions. However, this is one of those exceptional cases where the court could confidently say that the draftsman had erred and … Continue reading Jessemey v Rowstock Ltd and Another: CA 26 Feb 2014
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
The claimant challenged the alteration of the PACE code of conduct to remove the mandatory requirement on an officer executing a stop and account or stop and search to record the self-defined ethnicity of the person so stopped, and also to challenge the decision of several chief constables to decide not to do so. Held: … Continue reading Diedrick, Regina (on The Application of) v Hampshire Constabulary and Others: Admn 26 Jul 2012
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
The claimant sought a declaration that the duty set out in the 1995 Act applies to the discharge of duties, and to the exercise of powers, by local housing authorities under Part VII of the Housing Act 1996 being the part entitled ‘Homelessness’. The defendant argued that (1) the section concerned only the general formulation … Continue reading Pieretti v London Borough of Enfield: CA 12 Oct 2010
Housing Orthodox Jewish Only not Discriminatory Hackney had statutory housing functions as to allocating social housing. It also nominated applicants to properties owned by housing associations, including AIHA, which only accepted for such nominations households belonging to the Orthodox Jewish community. Hackney identified the First Appellant (Z), who is not a member of the Orthodox … Continue reading Z and Another, Regina (on The Application of) v Hackney London Borough Council and Another: SC 16 Oct 2020
Respect for litigants in person – proper service The court considered the situation where in an international child abduction application, papers were served at the door of the court on a party who was unrepresented, and who had little English. Held: This was plainly wrong. In such cases it was vital to compky with the … Continue reading Re B (Litigants In Person: Timely Service of Documents): FD 30 Sep 2016
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
The plaintiff was a British subject with a hotel in Cyprus taken over by British troops on a peace-keeping mission. At first the men were there by agreement of the governments of Cyprus and the United Kingdom. Later they became part of a United Nations peace-keeping force. The plaintiff claimed compensation for the occupation of … Continue reading Nissan v The Attorney General: HL 11 Feb 1969
Fairness on Division of Family Capital The House faced the question of how to achieve fairness in the division of property following a divorce. In the one case there were substantial assets but a short marriage, and in the other a high income, but low capital. Held: The 1973 Act gives only limited guidance on … Continue reading Miller v Miller; McFarlane v McFarlane: HL 24 May 2006
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
EAT Disability Discrimination – RELIGION OR BELIEF DISCRIMINATION The Claimant had a belief (which the Employment Tribunal thought genuine) that public service was improperly wasteful of money. He worked for the Dorset Police force (a small force) and claimed that he felt compelled to express these views and as a result suffered discrimination on the … Continue reading Harron v Dorset Police: EAT 12 Jan 2016
The claimant had previously succeeded in a claim of sex discrimination against the University, her former employer. She now appealed against rejection of her claims alleging later victimisation. Held: Two appeals succeed, and those matters remitted to the tribunal for reconsideration: ‘I do not see why not: if the appellant were able to establish that … Continue reading Deer v University of Oxford: CA 6 Feb 2015
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010
No magic in the words “fundamental breach” There is no rule of law which prevents parties to a contract agreeing to limit their respective liabilities. It is a question of the construction of the particular clause as to whether it applies to a fundamental breach or not. The court doubted the value of continuing the … Continue reading Suisse Atlantique Societe d’Armement Maritime SA v NV Rotterdamsche Kolen Centrale: HL 1966
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
The claimant challenged the legaity of resolutions passed by three local authorities which were critical of the State of Israel. They said that the resolultions infringed the Public Sector Equality Duty under section 149 of the 2010 Act, and also had failed as require to consider the effect it might have in the Jewish community, … Continue reading Jewish Rights Watch (T/A Jewish Human Rights Watch), Regina (on The Application of) v Leicester City Council: Admn 28 Jun 2016
EAT JURISDICTIONAL POINTS Worker, employee or neither Working outside the jurisdiction Whether LLP equity member was a limb (b) worker under section 230(3). Allowing Claimant’s appeal, she was. Applying Lawson v Serco, Duncombe (No. 2) and Ravat, on any view Employment Tribunal entitled to conclude that it had jurisdiction territorially to entertain both whistleblowing claim … Continue reading Clyde and Co Llp v Van Winkelhof: EAT 26 Apr 2012
The couple going through the divorce each had substantial farms and wished to continue farming. It had been a long marriage. Held: Where a division of the assets of a family would satisfy the reasonable needs of either party on an ancillary relief application on a divorce, the court should include consideration of why any … Continue reading White v White: HL 26 Oct 2000
Supreme Court of Canada – Constitutional law — Charter of Rights — Presumption of innocence (s. 11(d)) — Reverse onus clause — Accused presumed to be trafficker on finding of possession of illicit drug — Onus on accused to rebut presumption — Whether or not reverse onus in violation of s. 11(d) of the Charter … Continue reading Regina v Oakes: 28 Feb 1986
UTIAC (i) Presidential Guidance Note No 1 of 2012 ‘Bail Guidance for Judges Presiding over Immigration and Asylum Hearings’ is an instrument of guidance and not instruction. The guidance should, however, normally, be followed and good reason is required for not doing so. (ii) The First-tier Tribunal (‘FtT’) is empowered to adjudicate on applications to … Continue reading Raza, Regina (on The Application of) v Secretary of State for The Home Department (Bail – Conditions – Variation – Article 9 ECHR) (IJR): UTIAC 1 Feb 2016
Jurisdiction – Discrimination Claims Jurisdictional Points – Working Outside The Jurisdiction The employment tribunal had not erred in law by deciding that it had no power to entertain the claimant’s claim for sex discrimination. The tribunal was correct to hold that the combined effect of section 81 of the Equality Act 2010 (the 2010 Act) … Continue reading Walker v Wallem Shipmanagement Ltd and Another: EAT 16 Jan 2020
The appellant a British Citizen awaited execution in Singapore after conviction on a drugs charge. The only way she might get legal help for a further appeal would be if she was given legal aid by the respondent. She sought assistance both on Human Rights under article 6(2) and under common law. Held: The appeal … Continue reading Sandiford, Regina (on The Application of) v The Secretary of State for Foreign and Commonwealth Affairs: SC 16 Jul 2014
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
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
The Appellant claimed to have suffered indirect sex discrimination in connection with a work placement which she was offered as part of her studies to become a nurse, and she brought proceedings in the Employment Tribunal. The issue raised by this appeal is whether the ET had jurisdiction to entertain her claim or whether, as … Continue reading Blackwood v Birmingham and Solihull Mental Health NHS Foundation Trust: CA 23 Jun 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
EAT DISABILITY DISCRIMINATION The Claimant was a bus driver who suffered from Type 2 diabetes which he controlled largely by avoiding sugary drinks. The Employment Tribunal held that he was disabled within the meaning of the Equality Act 2010. The Employment Appeal Tribunal allowed the appeal on the basis that the Employment Tribunal had misapprehended … Continue reading Metroline Travel Ltd v Stoute (Debarred) (Disability Discrimination): EAT 26 Jan 2015
The claimant was a solicitor partner with the appellant limited liability partnership at their offices in Tanzania. She disclosed what she believed to be money laundering by a local partner. She was dismissed. She had just disclosed her pregnancy and claimed also in sex discrimination. The company appealed findings as to jurisdiction saying that she … Continue reading Clyde and Co Llp and Another v Bates van Winkelhof: CA 26 Sep 2012
(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
The claimant, a male to female transsexual, challenged a decision by the respondent to refuse breast augmentation treatment. The Trust had a policy ‘GRS is a Low Priority treatment due to the limited evidence of clinical effectiveness and is not routinely funded.’ Held: The claim for judicial review failed. There was no general medical concensus … Continue reading AC v Berkshire West Primary Care Trust, Equality and Human Rights Commissions intervening: Admn 25 May 2010
EAT Disability Discrimination – Section 15 HARRASSMENT UNFAIR DISMISSAL – Constructive dismissal Equality Act 2010 (‘EqA’) sections 15 (unfavourable treatment because of something arising in consequence of disability) and 26 (harassment) Employment Rights Act 1996 sections 95(1)(c) (constructive dismissal) and 98 (unfair dismissal) On the Claimant’s claims of discrimination under sections 15 and 26 EqA … Continue reading Private Medicine Intermediaries Ltd v Hodkinson and Another: EAT 15 Jan 2016
The charity appealed against refusal of permission to amend its charitable objects as set out in the memorandum of association. The charity was successful as an adoption agency particularly in placing children who would otherwise have had difficulty finding a home, following the principles of the Roman Catholic Church, and it wanted to restrict its … Continue reading Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales and Another: ChD 17 Mar 2010
The court considered the remedies and routes of appeal available to individuals who claim to have suffered from discrimination, victimisation, harassment or detriment in the treatment that they have received from a qualifications body. In particular, it concerns the jurisdiction of the Employment Tribunal to hear and determine complaints against qualifications bodies under Part 5 … Continue reading Michalak v The General Medical Council and Others: CA 23 Mar 2016
Accountability for violation of the Convention rights and freedoms of persons in another state stems from the fact that article 1 of the Convention cannot be interpreted so as to allow a state party to perpetrate violations of the Convention on the . .
Sir Edward Coke said: ‘If this alien becomes an enemy (as all alien friends may) then he is utterly disabled to maintain any action, or get anything within this realm.’ and ‘If a King comes to a kingdom by conquest, he may change and alter the laws . .
The complainant requested a copy of the investigation report into allegations made against a senior official of the public authority. The public authority withheld the report on the basis of the exemptions at sections 31(1)(g), 38, 40(2), and 41 of . .
The claimant said that a scheme drawn by the defendant for compensating British civilians interned by the Japanese during the second world war was indirectly discriminatory on racial grounds by requiring a national origin link with the UK. She had . .
Whether the provision in the Equality Act 2010 dealing with remedies in a case of unintentional unlawful indirect discrimination is incompatible with EU law; and whether that incompatibility resulted in a failure to award compensation to the . .
The claimants said that changes to the Highy Skilled Migrant Programme were unfairly introduced, that they had effectively barred non-EU doctors from applying for first tier doctor appointments, and that the guidance could properly be derived only . .
References: [1986] 1 SCR 103, 1986 CanLII 46 (SCC), 53 OR (2d) 719, 24 CCC (3d) 321, 50 CR (3d) 1, 65 NR 87, [1986] CarswellOnt 95, EYB 1986-67556, [1986] SCJ No 7 (QL), 14 OAC 335, 16 WCB 73, [1986] ACS no 7, 19 CRR 308 Links: Canlii Coram: Dickson C.J. and Estey, McIntyre, … Continue reading Regina v Oakes; 28 Feb 1986
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
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
The claimant a wheelchair user had been unable to travel on a bus when a mother had left her sleeping child in a pushchair. The mother said she was unable to fold down the pushchair, and would not move the child. The claimant said that the driver should have had instructions to insist on this, … Continue reading Firstgroup Plc v Paulley: CA 8 Dec 2014
EAT DISABILITY DISCRIMINATION – Disability Disability discrimination – whether the Claimant was disabled for the purposes of section 6 Equality Act 2010. The Claimant suffered from a shoulder and a hearing impairment. The shoulder impairment had lasted more than 12 months. The issue was whether it had a substantial adverse effect on the Claimant’s ability … Continue reading Mefful v Merton and Lambeth Citizens Advice Bureau: EAT 5 Dec 2014
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The Claimant, who was disabled within the meaning of the Equality Act 2010, was dismissed by the Respondent whilst on sickness absence. An Employment Tribunal found that the Claimant had been unfairly dismissed, contrary to the provisions of the Employment Rights Act 1996. The Tribunal also upheld the Claimant’s claim that her dismissal constituted disability … Continue reading Department of Work and Pensions v Boyers (Disability Discrimination): EAT 24 Jun 2020
An ET held that the dismissal of an employee who had been on long-term sickness absence was not unfair. However, it also held that the dismissal constituted unfavourable treatment because of something arising in consequence of disability pursuant to Section 15 of the Equality Act 2010. Such an outcome is possible, as a matter of … Continue reading Iceland Foods Ltd v Stevenson (Unfair Dismissal – Disability Discrimination): EAT 13 Feb 2020
PRACTICE AND PROCEDURE – Amendment RACE DISCRIMINATION AND VICTIMISATION – Time Points The Claimant was placed by the First Respondent (an agency) on a short-time assignment with the Second Respondent. She began work on 9 October 2017. On 9 November 2017 the Second Respondent terminated the assignment. It was agreed that the Claimant would work … Continue reading Palihakkara v Robertson Bell Ltd and Another (Race Discrimination and Victimisation : Time Points): EAT 14 Apr 2021
Dr M had successfully challenged her dismissal and recovered damages for unfair dismissal and race discrimination. In the interim, Her employer HA had reported the dismissal to the respondent who continued their proceedings despite the decision in her favour. The GMC now said that the availability of judicial review excluded her right to commence proceedings … Continue reading Michalak v General Medical Council and Others: SC 1 Nov 2017
AGE DISCRIMINATION 1. The Employment Tribunal did not err in law in its construction of section 61 of the Equality Act 2010 or its impact on the availability of the defence provided by paragraph 1(1) of Schedule 22 of that Act. 2. Section 61 prohibits the Appellants from acting in a manner which discriminates on … Continue reading London Fire Commissioner and Others v Sargeant and Others (Age Discrimination): EAT 12 Feb 2021
(i) A decision of the Secretary of State not to grant indefinite leave to remain to a person subject to the restricted leave policy (‘the RL policy’) does not normally engage Article 8 of the European Convention on Human Rights. However, Article 8 may be engaged by a decision to refuse to grant indefinite leave … Continue reading MBT, Regina (on The Application of) v Secretary of State for The Home Department (Restricted Leave; ILR; Disability Discrimination): UTIAC 13 Dec 2019
(1) Rule 45 of the Asylum and Immigration Tribunal (Procedure) Rules 2005 confers discretionary, procedural case management powers. It does not require the First-tier Tribunal to undertake evidence-gathering. Any direction given under rule 45 to the Secretary of State to seek out or validate evidence must be exercised sparingly and in a fact-sensitive way, bearing … Continue reading NA (UT Rule 45: Singh v Belgium) Iran: UTIAC 8 May 2014
Sex Discrimination The Employment Judge erred in law in holding that all that is necessary for a person to be an employee in the extended sense for the purposes of section 83(2) Equality Act 2010 is that the person should have entered into a contract under which she or he agrees to do work personally. … Continue reading Alemi v Mitchell and Another (Sex Discrimination): EAT 8 Jan 2021
The claimants claimed equal pay, asserting use of particular comparators. The Trust said that there was a genuine material factor justifying the difference in pay. Held: To constitute a single source for the purpose of article 141, it is not enough for the non-RVI claimants to show that they have the same employer as the … Continue reading Armstrong and others v Newcastle Upon Tyne NHS Hospital Trust: CA 21 Dec 2005
The Employment Appeal Tribunal allowed an appeal by the Claimant against a finding made at a Preliminary Hearing that he was not disabled within the meaning of section 6 of the Equality Act 2010 as at 20 May 2017, the date of his dismissal. The Employment Tribunal should not have determined the issue arising under … Continue reading Lawson v Virgin Atlantic Airways Ltd (Disability Discrimination): EAT 12 Feb 2020
The Claimant was employed by the Respondent as a teacher. He was dismissed for the given reason of conduct. This concerned, principally, his admitted conduct in carrying out a request, made by a colleague, to give pupils taking an assessment exam, manuscript notes that she had prepared for them to follow. The Tribunal found that … Continue reading Scott v Kenton Schools Academy Trust (Disability Discrimination : Unfair Dismissal): EAT 30 Sep 2019
DISABILITY DISCRIMINATION The claimant, a supervising social worker in the respondent’s fostering team, was dismissed for her conduct in giving gifts to a child for whom she was responsible without the authority of her manager, and because of what was considered to be the inappropriate content of a case note that she had written. Before … Continue reading Morgan v Buckinghamshire Council: EAT 28 Oct 2022
An employer can defend a claim resulting from the otherwise unlawful discriminatory actions of an employee if it is able to rely on section 109(4) Equality Act 2010 because it can demonstrate that all reasonable steps were taken to prevent the employee from doing ‘that thing’, or ‘anything of that description’. In considering the steps … Continue reading Allay (UK) Ltd v Gehlen (Race Discrimination): EAT 4 Feb 2021
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
The Appellant has presented a claim in the Employment Tribunal in which she alleges that she was dismissed by the Respondent and that the dismissal amounted to sex discrimination and/or victimisation on the ground that she had done a protected act, contrary to the Equality Act 2010. She appeals against the Employment Tribunal’s refusal to … Continue reading Steer v Stormsure Ltd (Sex Discrimination, Human Rights): EAT 21 Dec 2020
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
Equal Pay – The appeal concerns two narrow points on the meaning of a Job Evaluation Study (‘JES’) under s.80(5) Equality Act 2010 (‘EqA 2010’) and whether, and if so how, the statutory burden of proof provisions in s.136 EqA 2010 apply to the determination at a preliminary hearing of the question of whether a … Continue reading Element and Others v Tesco Stores Ltd: EAT 31 Oct 2022
Age Discrimination – Non-Discrimination Rule In Occupational Pension – Section 61 Equality Act 2010 – Exemption Under Equality Act (Age Exceptions for Pension Schemes) Order 2010 – application of European Union (Withdrawal) Act 2018 Citations: [2022] EAT 163 Links: Bailii Jurisdiction: England and Wales Employment, Discrimination Updated: 09 November 2022; Ref: scu.682481
The tenant had resisted the application for possession on the basis that it would amount to a disproportionate interference in his human rights. The council appealed. Held: The appeal succeeded. The judge had erred in considering that the tenant’s arguments did not, on the facts, reach the threshold of a seriously arguable Article 8 defence. … Continue reading Thurrock Borough Council v West: CA 8 Nov 2012
EAT Disability Discrimination – Disability – The effect of an impairment may be direct or indirect. However, the majority of the Employment Tribunal erred in holding that the deduced effect of the Claimant’s impairment for the purpose of Equality Act 2010 Schedule 1 Part 1 paragraph 5 was substantial and adverse to her ability to … Continue reading Sussex Partnership NHS Foundation Trust v Norris: EAT 30 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
The Claimants were police officers in their 40s who were disabled under Equality Act 2010 and in possession of ‘H1 certificates’ which allowed them immediate access to ‘deferred pension’ on leaving the police. They left the force under the police ‘voluntary exit scheme’ (analogous to a redundancy scheme) and their ‘compensation lump sums’ were capped … Continue reading Chief Constable of Gwent Police v Parsons and Another (Disability Discrimination): EAT 25 Feb 2020
The claimant who required support from the Council for his ADHD disorder challenged the respondent’s budget insofar as it limited support for children’s services in the Revenue Budget. Ge said that in making its decision to cut the budget, the Council unlawfully failed to comply either with (i) its obligations under section 507B of the … Continue reading Hunt v North Somerset Council: Admn 18 Jul 2012
The complainant has requested information about the policy considerations given to people with protected characteristics defined by the Equality Act 2010. The London Borough of Haringey originally refused the request as repeated, before later disclosing some information. The Commissioner’s decision is that the London Borough holds no additional information beyond that it has already disclosed … Continue reading London Borough of Haringey (Local Government): ICO 5 Oct 2020
Claims were made after the deaths of British troops on active service in Iraq. In one case the deaths were from detonations of improvised explosive devices, and on others as a result of friendly fire. It was said that there had been a foreseeable risk of the deaths. The defendant sought the strike out of … Continue reading Smith and Others v Ministry of Defence: QBD 30 Jun 2011
The claimant’s son had died of hyperthermia whilst serving in the army in Iraq. The parties requested a new inquisition after the coroner had rules that human rights law did not apply to servicemen serving outside Europe. Reports had been prepared but were not disclosed to the coroner until the last day of the inquest … Continue reading Smith v The Assistant Deputy Coroner for Oxfordshire: Admn 11 Apr 2008
