Gender recognition and trans equality – Counsel
‘With trans headlines constantly in the news, Claire McCann examines the law on trans rights and the dangers of misinformed debate.’
Counsel, August 2018
Source: www.counselmagazine.co.uk
Category: equality
Scottish independence as a protected philosophical belief? McEleny – Law and Religion UK
‘The Herald reports that an employment tribunal has ruled that belief in an independent Scotland is a philosophical belief similar to a religion and is protected under equality legislation.’
Law and Religion UK, 7th August 2018
Source: www.lawandreligionuk.com
Equality Act and Evictions – Nearly Legal
‘An appeal on the issue of whether disability discrimination should be considered afresh on an application for stay of warrant following breach of a suspended possession order.’
Nearly Legal, 5th August 2018
Source: nearlylegal.co.uk
Allocations and Equality Act – Nearly Legal
‘R(Gullu) v LB Hillingdon [2018] EWHC 1937 (Admin)
This was another challenge to LB Hillingdon’s policy of requiring 10 years residence in borough for admission to the housing register. It follows after TW, SW, and EM, R (On the Application Of) v London Borough Of Hillingdon (2018) EWHC 1791 (our note here) which found that Hillingdon’s policy unjustifiably discriminated against Travellers. But with a very different outcome.’
Nearly Legal, 5th August 2018
Source: nearlylegal.co.uk
Rulings clarify scope of employers’ disability duties – OUT-LAW.com
‘ Doing the right thing by disabled employees may require more than mere compliance with the minimum requirements set out in equalities law.’
OUT-LAW.com, 13th July 2018
Source: www.out-law.com
Council Resolutions – Local Government Law
‘R (Jewish Rights Watch) v Leicester City Council (2018) EWCA Civ 1551 concerns a non-binding Full Council Resolution on a controversial matter. The Council resolved “insofar as legal considerations allow, to boycott produce originating from illegal Israeli settlements in the West Bank until such time as it complies with International law an withdraws from Palestinian Occupied territories.” Jewish Human Rights Watch argued that the resolution singled out Israel for criticism, and that the Council failed to consider the effect of so doing on the Jewish community in the UK, and in particular in and around Leicester, in breach of the PSED. The Court of Appeal, upholding the judgment of the Divisional Court, held that on a reading of the Resolution, and of the transcript of the debate which preceded its adoption, it was clear that the Councillors had due regard to the matters set out in Section 149 of the Equality Act 2010 and had thus satisfied the PSED.’
Local Government Law, 4th July 2018
Source: local-government-law.11kbw.com
“A New Form of Discrimination”: Civil Partnerships for Different-Sex Couples in the UK Supreme Court – Oxford Human Rights Hub
‘Civil partnerships were introduced by the New Labour government in the UK in 2005 to give same-sex couples many of the protections and rights afforded to married couples without actually extending the right to marry. In 2014 same-sex couples were granted the right to marry but the civil partnership status was not revoked. This created a clear inequality: Same-sex couples could choose to marry or to enter into a civil partnership, but the only way that different-sex couples could formalise their relationship was through marriage. In Steinfeld and Keidan, R (on the application of) v Secretary of State for International Development (in substitution for the Home Secretary and the Education Secretary) [2018] UKSC 32 the UK Supreme Court held that this differential treatment was contrary to Art 14 (the prohibition of discrimination) when taken in conjunction with Art 8 (the right to respect for family life) under the European Convention on Human Rights.’
Oxford Human Rights Hub, 2nd July 2018
Source: ohrh.law.ox.ac.uk
Council concedes in strip club policy legal challenge over equality duty failure – Local Government Lawyer
‘Sheffield City Council last week (29 June) conceded in court that it had failed to properly discharge the public sector equality duty, after a campaigner challenged the lawfulness of the authority’s decision to adopt a policy of licensing unlimited strip clubs.’
Local Government Lawyer, 2nd July 2018
Source: www.localgovernmentlawyer.co.uk
Case Comment: R (Steinfeld & Anor) v Secretary of State for International Development [2018] UKSC 32 – Supreme Court Blog
‘Often, the road to equality is long and arduous, just ask the same-sex couples who had to wait until the Marriage (Same Sex Couples) Act 2013 for recognition of the right to marry or those whose right to legal recognition will still feel a long way off. On any view, the road to equality in civil partnerships will be shorter. But that route has had its own difficulties and the significance of the success of this appeal should not be underestimated.’
Supreme Court Blog, 28th June 2018
Source: ukscblog.com
Supreme Court declares Civil Partnership Act 2004 incompatible with human rights law – Family Law
‘The Supreme Court has ruled unanimously that lack of provision in the Civil Partnership Act 2004 for opposite-sex couples to enter into a civil partnership is incompatible with human rights law.’
Family Law, 27th June 2018
Source: www.familylaw.co.uk
The ‘straight civil partnership’ challenge: All you need to know before the Supreme Court Judgment – UK Human Rights Blog
‘The Supreme Court will hand down Judgment on Wednesday 27th June 2018 in R (on the application of Steinfeld and another) v Secretary of State for the International Development (in substitution for the Home Secretary and the Education Secretary).’
UK Human Rights Blog, 25th June 2018
Source: ukhumanrightsblog.com
League Against Cruel Sports in legal battle with vegan ‘whistleblower’ – The Guardian
‘A leading animal welfare charity is locked in an acrimonious legal dispute with a former employee who claims he was dismissed for telling colleagues that its pension fund invested in companies that have been involved in animal testing.’
The Guardian, 16th June 2018
Source: www.theguardian.com
Black lawyer accuses Northern Ireland immigration of racial profiling – The Guardian
‘The Equality Commission is investigating allegations of racial profiling by Northern Ireland immigration officials, brought by a black British lawyer on the eve of a key Brexit vote on border checks in the region.’
The Guardian, 11th June 2018
Source: www.theguardian.com
‘Shameless’ headlines on benefits family not defamatory – Law Society’s Gazette
‘Forthright tabloid press coverage of an immigrant family’s decision to turn down an offer of a five-bedroom local authority house as too cramped for eight children was not defamatory, the presiding judge of the Media and Communications Bench ruled. However Mr Justice Warby allowed a complaint about readers’ comments to go ahead on the grounds of harassment.’
Law Society's Gazette, 29th May 2018
Source: www.lawgazette.co.uk
Disabled boy sues theme park over lack of suitable toilet – BBC News
‘A severely disabled boy is suing a theme park for failing to provide a suitable “changing places” lavatory.’
BBC News, 24th May 2018
Source: www.bbc.co.uk
Acas on religion or belief discrimination at work – Law & Religion UK
‘Acas has published new guidance on religion and belief in the workplace, offering advice on how to comply with the provisions of the Equalities Act 2010 that protect employees against discrimination based on religion and belief.’
Law & Religion UK, 23rd May 2018
Source: www.lawandreligionuk.com
Should civil partnerships only be available to same sex couples? – UK Human Rights Blog
‘Rebecca Steinfeld and Charles Keidan contend they were unlawfully refused an opportunity to register a Civil Partnership at Chelsea Town Hall on the grounds that the Civil Partnership Act 2004 reserves that status strictly for same sex couples. This exclusion started to appear somewhat anomalous when the government opened marriage up to same sex couples by way of the Marriage (Same Sex Couples) Act 2013. The effect of this is that same sex couples in England and Wales (and Scotland – but not Northern Ireland) had a choice of marriage and civil partnership but different sex couples only had the former option.’
UK Human Rights Blog, 13th May 2018
Source: ukhumanrightsblog.com
Hundreds of Companies Facing Legal Action Over Gender Pay Gap Data – Rights Info
‘Hundreds of British companies will face legal action after failing to comply with a new requirement to report the pay gap between male and female staff, Britain’s equality watchdog has revealed.’
Rights Info, 10th May 2018
Source: rightsinfo.org
Gender pay: Hundreds of firms face action over non-disclosure – BBC News
‘Hundreds of companies face legal action after failing to meet an extended deadline to report their gender pay gap, Britain’s equality watchdog said.’
BBC News, 10th May 2018
Source: www.bbc.co.uk
ECHR Articles 9 and 14 – Local Government Law
‘In R (Adath Yisroel Burial Society) v Senior Coroner for Inner North London (2018) EWHC 969 (Admin) a Divisional Court (Singh LJ and Whipple J) observed (paragraph 94) that in Eweida v UK the ECtHR emphasized the importance of the rights set out in Article 9, and stated that there are several things of importance to note about the terms of Article 9.’
Local Government Law, 1st May 2018
Source: local-government-law.11kbw.com
