Civil liberties groups demand ban of use of facial recognition technology by police – Local Government Lawyer

‘Liberty, Privacy International and 29 other organisations have called for Parliament to ban the use of live facial recognition technology (LFRT) by the police and private companies.’

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Local Government Lawyer, 31st August 2021

Source: www.localgovernmentlawyer.co.uk

UK employers can expect wave of new data and AI guidance – OUT-LAW.com

Posted September 1st, 2021 in artificial intelligence, data protection, employment, equality, news, privacy by sally

‘Fresh guidance on monitoring workers and on using artificial intelligence (AI) tools in recruitment is to be issued to employers in the UK under plans announced by two UK regulators.’

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OUT-LAW.com, 31st August 2021

Source: www.pinsentmasons.com

A constructive dismissal is, in principle, capable of constituting an act of harassment, within the meaning of section 26 of the Equality Act 2010 – 3PB

‘The EAT’s earlier decision in Timothy James Consulting Ltd v Wilton [2015] IRLR 368 had been decided per incuriam European Directives and domestic case law, in the light of which it was “manifestly wrong”. In so far as Wilton had decided that a constructive dismissal could not itself amount to an act of unlawful harassment within the meaning of section 26 of the Equality Act 2010 (“EqA”), it would not be followed.’

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3PB, August 2021

Source: www.3pb.co.uk

The ‘shifting’ burden and the drawing of adverse inferences – 3PB

‘The Supreme Court has unanimously dismissed this appeal concerning two questions of law:
(i) whether a change in the wording of equality legislation has altered the burden of proof in employment discrimination cases, and
(ii) when a tribunal may draw adverse inferences from the absence of a potential witness.’

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3PB, 9th August 2021

Source: www.3pb.co.uk

High Court gives go-ahead for judicial review challenge over ‘Levelling Up Fund” – Local Government Lawyer

‘The High Court has granted the Good Law Project permission for its legal challenge against three Whitehall departments over the multi-billion pound “Levelling Up Fund”.’

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Local Government Lawyer, 23rd August 2021

Source: www.localgovernmentlawyer.co.uk

Discriminatory Denial of Peaceful Assembly in the UK – Oxford Human Rights Hub

‘In July 2020, the UN Human Rights Committee adopted General Comment No. 37 on the right to peaceful assembly, directing States to recognise the “intrinsic value” of the right, and to “promote an enabling environment for the exercise of the right to peaceful assembly without discrimination”. The Human Rights Committee also reaffirmed that, even in states of emergencies, states’ obligations to ensure non-discrimination remain: emergency measures must not discriminate either in their purpose or their effects.’

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Oxford Human Rights Hub, 19th August 2021

Source: ohrh.law.ox.ac.uk

York Council Accused Of Breaching Equality Duty – Each Other

‘Disability activists allege that City of York Council have breached their legal duty to promote equality by seeking to expand their “footstreets” scheme, which would permanently pedestrianise the city centre and potentially limit access for disabled patrons.’

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Each Other, 16th August 2021

Source: eachother.org.uk

Equality laws could be changed to protect women in menopause, says MP – The Guardian

‘Changing equality legislation to protect women going through the menopause should “not be ruled” out, according to the chair of a group of MPs leading an inquiry into discrimination on the issue.’

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The Guardian, 18th August 2021

Source: www.theguardian.com

UK academic sues university after losing role in critical race theory row – The Guardian

‘Aysha Khanom claims discrimination after Leeds Beckett accused her of using “racist language” in tweets.’

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The Guardian, 16th March 2021

Source: www.theguardian.com

Disabled claimant nets permission for judicial review challenge over Hampstead Ponds charging regime – Local Government Lawyer

‘A High Court judge has given a disabled swimmer permission to bring a judicial review challenge over the new charging regime for Hampstead Ponds.’

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Local Government Lawyer, 10th August 2021

Source: www.localgovernmentlawyer.co.uk

Unfair dismissal and religion again: Ferguson v Kintail Trustees – Law & Religion UK

‘In Mr K Ferguson v Kintail Trustees Ltd & Anor [2021] ET 4103321/2020, the claimant was Director and Chief Executive of Kintail Trustees, a limited company that operates as the corporate trustee of the Robertson Trust, a charity. He was also an elder, the treasurer and a trustee of Stirling Free Church of Scotland’

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Law & Religion UK, 9th August 2021

Source: lawandreligionuk.com

Employer reasonable adjustment requirements highlighted in pay dispute – OUT-LAW.com

‘A recent ruling by the Employment Appeal Tribunal (EAT) provides useful guidance for employers about their obligations to make ‘reasonable adjustments’ to pay to account for employee disability, an employment law expert has said.’

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OUT-LAW.com, 6th August 2021

Source: www.pinsentmasons.com

Menopause at centre of increasing number of UK employment tribunals – The Guardian

‘Growing numbers of women are taking their employers to court citing the menopause as proof of unfair dismissal and direct sex discrimination, researchers have said.’

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The Guardian, 7th August 2021

Source: www.theguardian.com

Why Is Disability Hate Crime So Hard To Prove? – Each Other

‘Under UK law, something is deemed a hate incident if the victim or anyone else thinks it was motivated by hostility or prejudice based on disability, race, religion, gender identity or sexual orientation. It then becomes a hate crime if it crosses the boundary of criminality.’

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Each Other, 3rd August 2021

Source: eachother.org.uk

Blood Donation Rule Changes Ease Discrimination Against Queer Men, but is it Enough? – Each Other

‘Blood donation rules for gay and bisexual men have been relaxed across the UK in a “landmark change”, but are the modifications enough to eradicate discrimination?’

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Each Other, 30th July 2021

Source: eachother.org.uk

Efobi v Royal Mail Group Limited: The burden of proof and drawing of inferences in discrimination claims – Littleton Chambers

‘The Supreme Court has delivered a unanimous and emphatic judgment on the burden of proof in discrimination claims. The decision has confirmed that the Claimant bears the initial burden of proof to establish a prima facie case, and so restored the orthodoxy that had been disturbed by the ruling of the EAT earlier in these proceedings. It also offers some useful guidance on the drawing of adverse inferences.’

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Littleton Chambers, 23rd July 2021

Source: littletonchambers.com

The Sewell Report and the Meaning of Institutional Racism – No. 5 Chambers

Posted July 29th, 2021 in chambers articles, equality, news, race discrimination, racism by sally

‘Oliver Lawrence, a barrister at No5 examines the approach taken by the Sewell report to the concept of institutional racism. Drawing on the MacPherson definition, he explores the meaning of the term and the ambiguities within it in order to clarify the findings of the report and the controversy it created. Using the Equality Act 2010 definitions of direct and indirect discrimination, he explains how the Sewell report uses the term to refer to discriminatory reasons whereas many of its critics use the term to refer to discriminatory outcomes. He concludes that without a clear and unambiguous definition of institutional racism, there will inevitably be widespread disagreement about the extent of the problem.’

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No. 5 Chambers, 13th July 2021

Source: www.no5.com

Downing Street Covid briefings excluded deaf BSL users, judge finds – The Guardian

‘Downing Street’s failure to provide British Sign Language interpreters during live Covid briefings was discriminatory and breached equality legislation, a high court judge has ruled.’

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The Guardian, 28th July 2021

Source: www.theguardian.com

Inevitability as the New Discrimination Defence: UK Supreme Court Mangles Indirect Discrimination Analysis While Finding the Two-Child Limit Lawful – Oxford Human Rights Hub

‘The UK Supreme Court has delivered its long-awaited judgment in R (on the application of SC, CB and 8 children) (Appellants) v Secretary of State for Work and Pensions and others (Respondents) on the two-child rule (in the Welfare Reform and Work Act 2016) limiting key subsistence benefits to two children per household, and it wastes no opportunity to disappoint.’

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Oxford Human Rights Hub, 26th July 2021

Source: ohrh.law.ox.ac.uk

Discrimination the “sole cause” of paucity of Black QCs – Legal Futures

‘Discrimination is the “sole identifiable cause” for the paucity of Black barristers, particularly at QC level, a co-chair of the Bar Council’s race working group has argued.’

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Legal Futures, 26th July 2021

Source: www.legalfutures.co.uk