SRA: “Solicitors conceal disability for fear of harming careers” – Legal Futures

‘Many disabled solicitors have downplayed the extent of their disability because they do not trust law firms to meet their needs, research has revealed.’

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Legal Futures, 16th March 2020

Source: www.legalfutures.co.uk

Against Consistency as a Ground of Review – UK Constitutional Law Association

Posted March 9th, 2020 in constitutional law, equality, judicial review, news by tracey

‘Equal treatment, the principle that like cases should be treated alike, occupies a paradoxically ambivalent place within moral and legal discussion of equality. In one sense, it is an essential feature of justice that similarly situated persons be afforded similar treatment and that differences in treatment be adequately justified. This principle is informed by and presupposes the moral equality of persons, without which the demand for justification of departures from consistent treatment would be unintelligible. However, in another sense, equalisation of treatment, purely for the sake of equalisation, gives rise to the now well established “levelling-down” objection: a requirement of equalisation can be satisfied either by treating people equally badly or by replicating wrongful forms of treatment, even when we are aware that the treatment in question is wrongful. The levelling-down objection indicates that equalisation for its own sake is unlikely to be intrinsically valuable, even if there may be some instrumental reasons to do so.’

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UK Constitutional Law Association, 9th March 2020

Source: ukconstitutionallaw.org

300 allegations of Tory Islamophobia sent to equality watchdog – The Guardian

‘A dossier of more than 300 allegations of Islamophobia in the Conservative party has been submitted to the Equalities and Human Rights Commission, increasing pressure on the watchdog to launch a formal investigation.’

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The Guardian, 5th March 2020

Source: www.theguardian.com

Unmarried partners still missing bereavement payments – BBC News

‘Means-tested payments of up to £10,000 are made to parents whose husband, wife or civil partner has died.’

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BBC News, 3rd March 2020

Source: www.bbc.co.uk

ICTS (UK) Ltd v Visram (2020) EWCA 202 – Old Square Chambers

‘Do the words “return to work” in a long-term disability scheme mean return to any work or the work that the employee was undertaking prior to going on long term sickness?’

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Old Square Chambers, 24th February 2020

Source: www.oldsquare.co.uk

Claimant fails in judicial review challenge over Qualified One-Way Costs-Shifting and discrimination claims – Local Government Lawyer

‘A High Court judge has rejected a judicial review challenge over an asserted decision of the Lord Chancellor not to extend Qualified One-Way Costs-Shifting (QOCS) to discrimination claims in the County Court and/or the failure to extend QOCS to such claims.’

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Local Government Lawyer, 24th February 2020

Source: www.localgovernmentlawyer.co.uk

Samira Ahmed and BBC reach equal pay settlement – Daily Telegraph

‘Samira Ahmed and the BBC have reached a settlement after the presenter won her equal pay claim against the corporation.’

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Daily Telegraph, 24th February 2020

Source: www.telegraph.co.uk

High Court grants permission for planning judicial review challenge over alleged Equality Act breach – Local Government Lawyer

‘A High Court judge has granted permission for a planning judicial review challenge in part over an alleged breach of the public sector equality duty, Landmark Chambers has reported.’

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Local Government Lawyer, 21st February 2020

Source: www.localgovernmentlawyer.co.uk

Twitter, trans rights and the role of the police — an extended look – – UK Human Rights Blog

‘The case of R (Miller) v The College of Policing & The Chief Constable of Humberside [2020] EWHC 225 (Admin) is yet another decision arising out of an individual’s use of Twitter to share transphobic, or as they see it “gender critical”, views.’

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UK Human Rights Blog, 21st February 2020

Source: ukhumanrightsblog.com

BAME Workers’ Legal Bid Over ‘Inferior’ Pay And Terms Could Affect Millions – Each Other

‘A “landmark” legal case could determine whether the use of outsourcing firms to employ black and minority ethnic (BAME) workers on “inferior” pay and conditions is discriminatory.’

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Each Other, 21st February 2020

Source: eachother.org.uk

Court rejects judicial review over failure to extend QOCS – Litigation Futures

‘The High Court has rejected a challenge to the Ministry of Justice’s (MoJ) failure to extend qualified one-way costs shifting (QOCS) to discrimination claims in the county court.’

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Litigation Futures, 20th February 2020

Source: www.litigationfutures.com

Reasonable adjustments – Is it relevant that the employee didn’t mention them? – 3PB

‘The dispute arose from the claimant’s back problems, which, it was agreed, made her disabled within the Equality Act 2010. She was unable to travel far and wanted to work mainly from home. This caused difficulty because her role, auditing the performance of National Health Service bodies, was “client facing” and required her to visit those bodies. She was eventually dismissed for reason of ill-health capability after an occupational health report and negotiations with her union representative. The respondent was concerned that she was not meeting her financial targets, i.e. the required amount of chargeable time billed to the respondent’s clients. These receipts from clients funded her salary. There were not enough clients within the short travelling distance from her home that she could manage.’

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3PB, 7th February 2020

Source: www.3pb.co.uk

Lawyers and women’s rights charities call for family court judge’s cases to be reviewed – Local Government Lawyer

‘Over 130 family lawyers and women’s rights groups have called for Judge Tolson’s continuing cases to be reviewed, following Justice Russell’s condemnation of the family court judge’s treatment of an allegation of sexual assault in a child protection fact-finding trial last month.’

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Local Government Lawyer, 20th February 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal provides guidance on “borough-wide” injunctions – No. 5 Chambers

‘Bromley LBC had secured a without notice interim injunction in the High Court which prohibited encampment and entry/occupation in relation to all accessible public spaces in the Borough except cemeteries and highways. These amounted to 139 parks, recreation grounds or open spaces, and 32 public car parks. Although the injunction was against “persons unknown”, it was widely understood that the injunction was aimed at the Gypsy and Traveller community.’

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No. 5 Chambers, 12th February 2020

Source: www.no5.com

Equitable briefing – Counsel

Posted February 19th, 2020 in barristers, diversity, equality, news, sex discrimination, statistics, women by sally

‘Talent is everywhere, opportunity is not: why equitable briefing is the most pressing practice issue for the Bar in 2020 – writes Lucy Barbet.’

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Counsel, February 2020

Source: www.counselmagazine.co.uk

Ethical veganism: a philosophical belief – 3PB

‘The Claimant, Mr Casamitjana, was dismissed from his role at the League Against Cruel Sports in April 2018 after disclosing to colleagues that the company’s pension funds were being invested ‘unethically’. This was considered by the Respondent to be contrary to a management instruction not to provide financial advice to his colleagues. The Claimant brought claims of indirect discrimination, direct discrimination/harassment and victimisation by reference to his belief in ethical veganism, and PIDA detriment and dismissal, and wrongful dismissal.’

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3PB, 7th February 2020

Source: www.3pb.co.uk

Sexist comments “remain rife” in legal profession – Legal Futures

Posted February 18th, 2020 in equality, legal profession, news, sex discrimination, women by sally

‘Some 58% of women in the legal profession say they or women they work with have received inappropriate comments from male colleagues relating to their gender, new research has found.’

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Legal Futures, 17th February 2020

Source: www.legalfutures.co.uk

Watchdog rejects Met’s claim that he supported facial recognition – The Guardian

Posted February 13th, 2020 in equality, facial mapping, London, news, police by tracey

‘The official biometrics commissioner has rebuked the Metropolitan police after it falsely claimed that he supported its use of facial recognition CCTV in an equalities impact assessment published as the force made its first operational use of the controversial technology.’

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The Guardian, 12th February 2020

Source: www.theguardian.com

Equalities watchdog launches inquiry into use of restraint in schools – Local Government Lawyer

‘The Equality and Human Rights Commission has launched a formal inquiry into how schools are monitoring and recording their use of restraint, “following widespread concerns about its use and the lack of data available”.’

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Local Government Lawyer, 12th February 2020

Source: www.localgovernmentlawyer.co.uk

‘The victimisation was horrible’: why are so many disabled lawyers treated badly? – The Guardian

‘A new study says that more than half of disabled lawyers have experienced bullying or discrimination at work.’

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The Guardian, 11th February 2020

Source: www.theguardian.com