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

Female military staff denied justice by inadequate system – MPs – BBC News

‘Women in the armed forces who are victims of bullying, harassment, discrimination and serious sexual assault are being “denied justice” by a “woefully inadequate” military complaints process, MPs have said.’

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BBC News, 26th July 2021

Source: www.bbc.co.uk

New Judgment: Royal Mail Group Ltd v Efobi [2021] UKSC 33 – UKSC Blog

‘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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UKSC Blog, 23rd July 2021

Source: ukscblog.com

Ad men sacked to improve gender pay gap win sex discrimination claim – The Guardian

‘Two white male creative directors at a top London advertising agency have won a sex discrimination claim after a female director vowed to “obliterate” its Mad Men reputation of being full of straight, white men.’

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The Guardian, 23rd July 2021

Source: www.theguardian.com

Equalities watchdog to hold inquiry into methods of challenging decisions about adult social care – Local Government Lawyer

‘The Equality and Human Rights Commission (EHRC) has launched an inquiry that will consider the effectiveness of existing methods of challenging local authority decisions about individuals’ entitlements to adult social care or support in England and Wales, including – but not limited to – complaints to local authorities and Ombuds, and judicial review.’

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Local Government Lawyer, 19th July 2021

Source: www.localgovernmentlawyer.co.uk

Inaccessible Venues Are Infringing On Disability Rights – Each Other

‘Popular West End musical Six has drawn criticism from disability activists after announcing that it is moving from the Lyric Theatre to the Vaudeville theatre, which lacks accessible facilities for disabled people.’

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Each Other, 16th July 2021

Source: eachother.org.uk

Calls for legal review of UK welfare screening system which factors in age – The Guardian

Posted July 19th, 2021 in age discrimination, equality, fraud, local government, news by michael

‘An automated system that screens welfare claimants for signs they might commit fraud or error has based its verdicts in part on applicants’ age, it has emerged, sparking calls for a review of whether the system is legal.’

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The Guardian, 18th July 2021

Source: www.theguardian.com

Disabled People’s Employment Are Being Affected by Inequalities – Each Other

‘Despite a pledge to get one million more disabled people into work, the disability employment gap has widened during the pandemic.’

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Each Other, 14th July 2021

Source: eachother.org.uk

CPS diversity declaration rule to put chambers under spotlight – Legal Futures

‘The Crown Prosecution Service (CPS) is to use a new annual online declaration by panel barristers of any protected characteristics to analyse the proportionality of case allocation and fee payments within chambers.’

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Legal Futures, 13th July 2021

Source: www.legalfutures.co.uk

Government breaching human rights commitments under UN racism treaty, report warns – The Independent

‘The government is in breach of a UN treaty designed to eradicate racial discrimination, a new report has warned. Research by the Runnymede Trust said that minority ethnic groups face sustained disparities across health, the criminal justice system, education, employment and immigration in England.’

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The Independent, 14th July 2021

Source: www.independent.co.uk

Firm that dismissed pregnant trainee cleared of discrimination – Law Society’s Gazette

Posted July 9th, 2021 in employment tribunals, equality, news, pregnancy, sex discrimination, solicitors by michael

‘A criminal defence firm has been cleared of discrimination allegations after telling a trainee solicitor she was being let go three weeks after she said she was pregnant.’

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Law Society's Gazette, 9th July 2021

Source: www.lawgazette.co.uk

Changing the picture: diversity at silk level – Counsel

‘Exclusive statistical analysis: Barbara Mills QC outlines how the deeply unhelpful, homogenous BAME acronym is masking the true extent and systemic nature of the Bar’s diversity problem.’

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Counsel, July 2021

Source: www.counselmagazine.co.uk

BSB more likely to raise complaints against minority ethnic barristers – Legal Futures

‘Minority ethnic barristers remain more likely than their White counterparts to be subject to complaints raised by the Bar Standards Board (BSB), new research has shown.’

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Legal Futures, 7th July 2021

Source: www.legalfutures.co.uk

Indirect Discrimination Against Working Mothers – Littleton Chambers

‘On 22 June 2021, the President of the Employment Appeal Tribunal handed down judgment in Dobson v North Cumbria Integrated Care NHS Foundation Trust UKEAT/0220/19/LA. CLICK HERE to read the judgment.’

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Littleton Chambers, 23rd June 2021

Source: littletonchambers.com

Government commission ignored evidence of NHS racism, says British Medical Association – The Independent

‘The British Medical Association has said the highly-contested Sewell report “ignored well-documented” evidence of structural racism. The professional body for doctors refuted the report’s overall findings and said the government-appointed Commission on Race and Ethnic Disparities (CRED) missed opportunities to identify effective solutions to tackling racial inequality.’

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The Independent, 1st July 2021

Source: www.independent.co.uk

NEWS ‘Crying in court’: Bar Council urges action on judicial bullying – Law Society’s Gazette

Posted July 2nd, 2021 in barristers, bullying, courts, diversity, equality, judges, judiciary, news by tracey

‘The Bar Council has encouraged barristers to speak up about judicial bullying, following an anecdotal rise in judges making lawyers cry in court. The representative body is due to meet with the judiciary’s equality and diversity lead this week to discuss the types of incidents involving judges that get reported and the impact they have on barristers.’

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Law Society's Gazette, 2nd July 2021

Source: www.lawgazette.co.uk

Three Metropolitan Police officers face gross misconduct inquiry over Bianca Williams search – The Independent

‘Three of the six police officers who stopped, searched and handcuffed athlete Bianca Williams and her partner are under investigation for gross misconduct.’

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The Independent, 2nd July 2021

Source: www.independent.co.uk