‘The High Court has rejected a claim brought by a transgender young person that the defendant council failed to comply with the Public Sector Equality Duty regarding his needs as a transgender person with an Education, Health and Care Plan (EHCP).’
Local Government Lawyer, 21st August 2023
Source: www.localgovernmentlawyer.co.uk
‘The duty of candour is the pre-eminent procedural duty that governs the evidence base in judicial reviews. It requires all parties to assist the court with full and accurate explanations of all the facts relevant to the issue under review. The duty of candour is a common law duty. It has been helpfully summarised in several guides, including the Treasury Solicitor Guidance on Discharging the Duty of Candour and Disclosure in Judicial Review Proceedings (2010), which acts as practical guidance to government departments and lawyers, and the Administrative Court Judicial Review Guide 2022. What will be required of parties to meet their duty of candour is highly context sensitive. Public law litigants must, at each stage of proceedings, be aware of the information and documents which might be relevant. In many judicial reviews, say those that involve a challenge to an administrative decision made against an individual claimant, for which there is a clear and concise paper trail, compliance with the duty of candour will usually be straightforward. Candid disclosure is, however, a thornier task in complex judicial reviews, such as policy or systemic challenges, where there might be extensive and sensitive documents to potentially consider, sometimes stretching across multiple government departments.’
Essex CAJI, 16th August 2023
Source: essexcaji.org
‘Employers are increasingly using AI in recruitment and management. This briefing explores the employment law implications and proposals for regulatory reform.’
House of Commons Library , 11th August 2023
Source: commonslibrary.parliament.uk
‘Momentum is growing in the UK to make social class a statutory protected characteristic. The Co-Op, The British Psychological Society, and the Bridge Group, amongst others, have proposed legislative reform to prohibit class discrimination. This may look like an “easy win”, especially for political parties puzzling over their manifestos and wanting to signal tangible action to combat the cost-of-living crisis. Yet there are considerable risks that this legal reform would either achieve little or actually hamper initiatives to combat socio-economic inequality.’
Oxford Human Rights Hub, 3rd August 2023
Source: ohrh.law.ox.ac.uk
‘Reading Borough Council has defeated an appeal against eviction by a disabled resident with a long history of anti-social behaviour.’
Local Government Lawyer, 3rd August 2023
Source: www.localgovernmentlawyer.co.uk
The Children’s Commissioner for England, Dame Rachel de Souza, is to ask care-experienced people for their views on whether care experience should be a ‘protected characteristic’ under the Equality Act 2010 – “like age, disability or religion currently are”.
Local Government Lawyer, 1st August 2023
Source: www.localgovernmentlawyer.co.uk
‘In a unanimous judgment, the Supreme Court in R (on the application of Marouf) (Appellant) v Secretary of State for the Home Department (Respondent) [2023] UKSC 23 has determined that the public sector equality duty (“PSED”) does not have extra-territorial effect.’
Cloisters, 14th July 2023
Source: www.cloisters.com
‘Our grateful thanks to Daniel Grütters of One Pump Court for the following note and copy of the judgment in a section 204 appeal on the suitability of temporary accommodation.’
Nearly Legal, 28th July 2023
Source: nearlylegal.co.uk
‘City firm CMS UK has become the first law firm to be awarded the new ISO 30415 diversity and inclusion certification.’
Legal Futures, 20th July 2023
Source: www.legalfutures.co.uk
‘A candidate for the bench has lost an employment tribunal claim against the Judicial Appointments Commission (JAC) over reasonable adjustments.’
Law Society's Gazette, 19th July 2023
Source: www.lawgazette.co.uk
‘The UK Supreme Court unanimously decided that the public sector equality duty in the Equality Act 2010 does not apply directly to persons outside of the UK. However, the equalities objectives may remain indirectly relevant to decision-makers.’
EIN Blog, 18th July 2023
Source: www.ein.org.uk
‘Laura Martin and Theresa Kerr provide a legal perspective on how pupils with ADHD can be supported in school.’
Local Government Lawyer, 18th July 2023
Source: www.localgovernmentlawyer.co.uk
‘Law firms have been urged to focus on what actually works when it comes to tackling gender inequality, after a survey found most female legal professionals believe measures adopted by their organisations to be ineffective.’
Law Society's Gazette, 14th July 2023
Source: www.lawgazette.co.uk
‘The Housing Ombudsman has sharply criticised a landlord for repeatedly failing to have sufficient regard for its obligations under the Equality Act 2010, and told it to review how it issues section 21 notices.’
Local Government Lawyer, 12th July 2023
Source: www.localgovernmentlawyer.co.uk
‘The proportion of Black judges in the courts and tribunals of England and Wales has remained at 1%, the same as nine years ago, while the proportion of Asian judges doubled in the same period from 3% to 6%, according to the latest judicial diversity report from the Ministry of Justice (MoJ).’
Legal Futures, 14th July 2023
Source: www.legalfutures.co.uk
‘By this judgment, the EAT allowed an appeal against a finding that an employee’s dismissal was because of her pregnancy (contrary s.18 Equality Act 2010) on the ground that the ET had not considered Reynolds v CLFIS (UK) Ltd [2015] ICR 1010. Reynolds is no doubt familiar to experienced employment lawyers, it stands for the principle that, in a discrimination claim, the relevant decision maker must have been (at least significantly) influenced by a protected characteristic. A composite approach, bringing together the act of one individual with a discriminatory reason of another is not permitted.’
3PB, 7th June 2023
Source: www.3pb.co.uk
‘The public sector equality duty (“PSED”) imposed by section 149 of the Equality Act 2010 is a procedural obligation that requires public bodies to have due regard to the equality needs listed in that section when exercising their functions. This appeal concerns the territorial scope of the PSED. It raises the issue of whether a public body is required under the PSED to have due regard to people living outside the United Kingdom when exercising its functions.’
UKSC Blog, 28th June 2023
Source: ukscblog.com
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