Met officer faces dismissal after ‘clear case of racial profiling’ – The Guardian

‘A police officer jailed for picking on a black father because of his colour and attacking him in front of his children is facing dismissal.’

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The Guardian, 13th April 2021

Source: www.theguardian.com

Judgment on Asda Stores Ltd v Brierley and others [2021] UKSC 10 – case summary by Daisy van den Berg – Old Square Chambers

‘Judgment was handed down on 26 March 2021 by the Supreme Court in the case of Asda Stores Ltd v Brierley and others [2021] UKSC 10. It was held that employees working in Asda’s stores can use as comparators employees working in Asda’s depots for the purposes of an equal pay claim.’

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Old Square Chambers, 26th March 2021

Source: oldsquare.co.uk

An erroneous decision to extend time under s.123(1)(b) Equality Act 2010 – 3PB

‘The Honourable Mrs Justice Ellenbogen, sitting in the EAT, held that a tribunal had erred in extending time under s.123(1)(b) Equality Act 2010 (“EqA 2010”), by failing to determine whether a claimant’s ignorance of his right to claim direct race discrimination was reasonable.’

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3PB, 2nd March 2021

Source: www.3pb.co.uk

‘Direct discrimination’: extremely vulnerable fans barred from Carabao Cup final – The Guardian

Posted April 14th, 2021 in coronavirus, disability discrimination, disabled persons, equality, news, sport by sally

‘The decision to bar clinically extremely vulnerable supporters from the Carabao Cup final is “direct discrimination”, according to a group of disabled Tottenham fans.’

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The Guardian, 13th April 2021

Source: www.theguardian.com

Landmark report calls for stop-and-search filming – Law Society’s Gazette

‘Police officers should switch on body-worn cameras whenever they think they might need to stop and search someone, in order to help rebuild trust in the community, the government’s Commission on Race and Ethnic Disparities has told the prime minister in a landmark report.’

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Law Society's Gazette, 12th April 2021

Source: www.lawgazette.co.uk

Cross – establishment comparisons are generally to be permitted save in exceptional circumstances: Asda Stores Ltd v. Brierley & Ors [2019] EWCA Civ 44 – 3PB

‘This Equal Pay claim has been ongoing for some time already (since 2016) and is set to continue for some time yet. In short, the Supreme Court’s Judgment handed down 3 days ago (26th March 2021) is focused upon a narrow point, which whilst of importance and interest to both parties and their advisors, in no sense has brought closure to these proceedings which are likely to continue to attract media attention as the layers of equal value litigation unfold.’

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3PB, 29th March 2021

Source: www.3pb.co.uk

Protected acts: beware a cautious approach – 3PB

‘R indicated that it wanted to arrange a Christmas dinner, and proposed a date for it. No objections were raised. Hotels and planes were consequently booked. Thereafter C (and a co-worker) indicated that the planned date did not suit them. R considered the matter but declined to change the date, various arrangements having already been made.’

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3PB, 2nd March 2021

Source: www.3pb.co.uk

Advertising, religion and Articles 9 & 10 ECHR: Lancashire Festival of Hope – Law & Religion UK

‘In Lancashire Festival of Hope with Franklin Graham Limited v Blackpool Borough Council & Anor [2021] Manchester Cty Ct F00MA124, the Court was asked, in effect, to rule on whether or not a charitable limited company could be regarded as having “human rights” for the purposes of anti-discrimination legislation and the ECHR.’

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Law & Religion UK, 6th April 2021

Source: lawandreligionuk.com

‘Institutional racism doesn’t exist,’ government’s race commission suggests in landmark report – The Independent

Posted March 31st, 2021 in equality, news, racism, reports by tracey

‘The government’s highly anticipated race report commissioned in the wake of the Black Lives Matter protests has rejected suggestions that Britain is still an institutionally racist country.’

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The Independent, 31st March 2021

Source: www.independent.co.uk

Crown court backlog has reached ‘crisis levels’, report warns – The Guardian

‘The backlog of crown court cases in England and Wales has reached “crisis levels”, with the increased remand population likely to disproportionately impact children and young people from black and minority ethnic backgrounds, a parliamentary committee has warned.’

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The Guardian, 30th March 2021

Source: www.theguardian.com

Wide LPC attainment gap based on provider and ethnicity – Legal Futures

‘The disparity between the best and worst legal practice course (LPC) providers has continued to grow, with only 23% of students passing at one institution.’

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Legal Futures, 26th March 2021

Source: www.legalfutures.co.uk

Does The UK Protect Our Right To Freedom of Religion or Belief? – Each Other

Posted March 24th, 2021 in equality, human rights, news, religious discrimination by sally

‘In 1975, at the height of Cold War tensions, leaders of the United States, Canada and all European countries sat down together in Helsinki, Finland. Their main aim was discuss how to improve relations between different factions of the world when a global armed conflict felt dangerously close.’

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Each Other, 23rd March 2021

Source: eachother.org.uk

Craig Prescott: Modernising the Monarchy: Moving Beyond the 1917 Letters Patent and the “George V Convention” – UK Constitutional Law Association

Posted March 23rd, 2021 in constitutional law, equality, news, peerages & dignities, royal family by sally

‘In March 2021, Meghan, Duchess of Sussex, gave one of the most extraordinary interviews ever held with a member of the Royal Family. It may have a profound and long-lasting effect on the monarchy, an institution that remains central to the UK’s constitutional arrangements. Already, there are calls for reform. This blog focuses on the section of the interview that discussed the lack of princely status for Archie, the Sussexes’ eldest child.’

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UK Constitutional Law Association, 23rd March 2021

Source: ukconstitutionallaw.org

Turani & Anor v Secretary of State for the Home Department- Equality Law Blog

Posted March 23rd, 2021 in equality, immigration, news, race discrimination, refugees by sally

‘The Court considered an appeal from a High Court decision which had rejected indirect race discrimination and PSED challenges to the application of the Defendant’s ex gratia scheme to support and assist third-country national refugees outside the UK who have fled the conflict in Syria. The case is important, if somewhat disheartening to equality lawyers, for its conclusions on the (limited) extra-territorial effect of the Equality Act 2010. It is worth emphasising that the Court of Appeal’s approval of the High Court’s conclusions on justification were subject to the proviso that the limited evidence on which the High Court was prepared to find in the Defendant’s favour was the result of the way in which the claim had developed post-issue; as Underhill LJ, concurring with Simler LJ leading judgment, stated at §110: “the story is indeed a good illustration of the perils of “rolling judicial review”.’

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Equality Law Blog, 22nd March 2021

Source: equalitylawblog.com

R (Blundell & Ors) v SSWP; R (Day) v SSWP – Equality Law Blog

‘The Claimants unsuccessfully challenged the Defendant’s policy of making deductions at a fixed rate from universal credit (UC) to pay off criminal fines. So far as relevant here, the claim alleged breach of the PSED (s149 Equality Act 2010) and unlawful indirect disability discrimination. The latter claim failed on the evidence, Kerr J pointing out that it would more suitably have been brought in the county court. The Judge did accept that the Defendant had breached the PSED but ruled against the claimants on the basis that compliance with the PSED would very likely have made no difference and that, therefore, s31A of the Senior Courts Act 1981 defeated the claim.’

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Equality Law Blog, 22nd March 2021

Source: equalitylawblog.com

Unequal chances? Ethnic disproportionality in child welfare and family justice – Family Law

‘Many have experienced their own Black Lives Matter moment in the last 12 months, a sharp realisation of entrenched prejudices and inequalities that still exist in our society. In the family justice system that moment came last October when a black barrister, Alexandra Wilson, was mistaken for a defendant three times in one day. And yet, more generally there has been surprising little debate about the disproportionate numbers of families from some ethnic minorities in the family justice system and what might lie behind this.’

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Family Law, 19th March 2021

Source: www.familylaw.co.uk

The Unequal Power to Grant and Remove PR from Biological Parents – Family Law Week

Posted March 22nd, 2021 in children, equality, families, family courts, gender, news, parental responsibility by tracey

‘Stephen Williams, Barrister, St Mary’s Chambers, calls for reconsideration of the restrictions on the acquisition of parental responsibility by fathers.’

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Family Law Week, 17th March 2021

Source: www.familylawweek.co.uk

Clapham vigil policing investigator is suing Home Office for sex and race bias – The Guardian

‘The investigator helping coordinate the official inquiry into the Metropolitan police’s handling of the Sarah Everard vigil and concerns over women’s safety is suing the Home Office for sex discrimination over claims that he has been penalised for being a “white man”, the Observer can reveal.’

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The Guardian, 21st March 2021

Source: www.theguardian.com

Covid: Blind woman forces government action in shielding case – BBC News

‘A blind woman who was sent a shielding letter she could not read has won “promising” commitments from the government after a legal challenge.’

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BBC News, 19th March 2021

Source: www.bbc.co.uk

Does a Compulsory Retirement Age Infringe Human Rights Law? – by Hugh Collins – UK Labour Law Blog

‘An employer’s compulsory retirement scheme requires the dismissal of an employee for no other reason than the employee has attained a specified retirement age. The retirement age may be fixed in the terms of the contract of employment, a staff handbook, a collective agreement, or other regulations that determine the rules governing a particular retirement age. Although compulsory retirement used to be lawful, since 2011 the position in the United Kingdom (UK) is that an employee dismissed in accordance with an employer’s policy of a compulsory retirement age can bring a claim either for unfair dismissal under the Employment Rights Act 1996 or (for workers as well as employees) for age discrimination under the Equality Act 2010. Following Seldon v Clarkson Wright & Jakes [2012] UKSC 16, an employer can justify the age discrimination of a compulsory retirement age as a proportionate measure in pursuit of a legitimate aim, such as preserving the promotion prospects of younger staff or the avoidance of intrusive surveillance of the job performance of older staff.’

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UK Labour Law Blog, 17th March 2021

Source: uklabourlawblog.com