A radical reconsideration of the burden of proof: Efobi v Royal Mail Group Ltd (EAT) – Cloisters

‘In an important decision on the correct interpretation of the burden of proof provisions in the Equality Act 2010, Efobi v Royal Mail, Tom Coghlin and Navid Pourghazi successfully appealed against an employment tribunal’s decision to dismiss a claimant’s race discrimination complaints.’

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Cloisters, 14th August 2017

Source: www.cloisters.com

The Supreme Court, ET fees and access to justice: Stopping the government in its tracks – Cloisters

Posted August 22nd, 2017 in appeals, employment tribunals, equality, fees, news, regulations, Supreme Court by sally

‘Caspar Glyn QC, Schona Jolly QC and Sian McKinley consider the implications of today’s seismic decision from the Supreme Court which ruled that ET fees are unlawful: R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51.’

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Cloisters, 26th July 2017

Source: www.cloisters.com

The most famous case on the rule of law for a generation? Employment tribunal fees declared unlawful – Hardwicke Chambers

‘The Supreme Court have, this morning, handed down Judgment in the case of R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51, more commonly known as ‘the appeal against Employment Tribunal fees’.’

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Hardwicke Chambers, 26th July 2017

Source: www.hardwicke.co.uk

Heterosexual couple take civil partnership case to Supreme Court – BBC News

Posted August 22nd, 2017 in appeals, civil partnerships, equality, news, Supreme Court by sally

‘A heterosexual couple who want to enter a civil partnership instead of getting married have been granted the right to take their case to the Supreme Court.’

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BBC News, 22nd August 2017

Source: www.bbc.co.uk

London borough wins appeal over housing policy favouring working families – Local Government Lawyer

‘The London Borough of Ealing has won an appeal over to its policy of reserving certain homes for “working families” and “model tenants”.

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Local Government Lawyer, 2nd August 2017

Source: localgovernmentlawyer.co.uk

Christian magistrate in gay adoption row set for legal battle with 0NHS bosses – Daily Telegraph

‘A Christian magistrate who lost his job and then his role as an NHS director for speaking out against adoption by same-sex parents will this week sue NHS bosses claiming political correctness can prevent Christians holding public posts.’

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Daily Telegraph, 30th July 2017

Source: www.telegraph.co.uk

Gender identity: What do legal changes have to do with women’s rights? – BBC News

Posted July 31st, 2017 in consultations, equality, gender, news, transgender persons, women by sally

‘Trans activists have welcomed moves from the government to “streamline and de-medicalise the process” of changing legal gender. But some women are worried about the potential impact on their own legal rights.’

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BBC News, 31st July 2017

Source: www.bbc.co.uk

I’m an LGBT rights lawyer, and these are some of the strangest cases I’ve had to fight in court – The Independent

Posted July 26th, 2017 in divorce, equality, homosexuality, marriage, news, surrogacy, transgender persons by sally

‘If you are a same sex married couple you cannot get divorced on the grounds of adultery, because ‘adultery’ in UK law still takes a biblical definition meaning a man and a woman. One of my clients couldn’t divorce her husband because he’d been cheating with a man, so it didn’t count as ‘adultery’. Another ran into serious problems with surrogacy.’

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The Independent, 25th July 2017

Source: www.independent.co.uk

Consultation on changing legal gender to be launched – BBC News

Posted July 24th, 2017 in consultations, equality, gender, news, transgender persons by sally

‘The UK government is considering plans to make the process of changing legal gender easier.’

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BBC News, 23rd July 2017

Source: www.bbc.co.uk

Gay men to be allowed to give blood three months after sex – The Guardian

‘Blood donation restrictions for gay men and sex workers are to be relaxed in England and Scotland under a series of equalities reforms announced by the government. Gay men will be allowed to donate blood three months after sexual intercourse instead of a year. Sex workers, who were previously banned from donating, will be subject to the same three-month rule.’

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The Guardian, 23rd July 2017

Source: www.theguardian.com

EU Law provides Pension Equality – UK Human Rights Blog

‘EU Equality law had its moment in the sun in the week after London Pride with the UK Supreme Court Judgment in the case of Walker v Innospec.’

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UK Human Rights Blog, 18th July 2017

Source: ukhumanrightsblog.com

Bar Chair: Time to admit flexible court hours is a bad idea – The Bar Council

‘Two things are on a collision course. The first is Her Majesty’s Courts and Tribunals Service’s (HMTCS) plan that courts operate on a shift system – so called “Flexible Operating Hours”.The second is the determination of the legal profession and many within the judiciary to do whatever it takes to retain talented women at the Bar so that the senior Bar and the judiciary at all levels exhibit a stronger representation of women.’

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The Bar Council, 12th July 2017

Source: www.barcouncil.org.uk

Court awards aggravated damages against Ombudsman over case handling – Local Government Lawyer

‘Aggravated damages have been awarded against the Local Government and Social Care Ombudsman over its treatment of an applicant.’

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Local Government Lawyer, 11th July 2017

Source: www.localgovernmentlawyer.co.uk

Sikh couple in legal action after adoption agency tells them not to apply – Local Government Lawyer

Posted June 28th, 2017 in adoption, equality, local government, news, ombudsmen, race discrimination by sally

‘A British couple of Sikh Indian heritage are to bring legal action after they were told by a council-run adoption agency not to apply to become adoptive parents because only white babies were available.’

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Local Government Lawyer, 27th June 2017

Source: www.localgovernmentlawyer.co.uk

General Pharmaceutical Council guidance on religion, personal values & beliefs – Law & Religion UK

‘The General Pharmaceutical Council – the independent regulator for pharmacists, pharmacy technicians and pharmacy premises in Great Britain – has published In practice: Guidance on religion, personal values and beliefs.’

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Law & Religion UK, 24th June 2017

Source: www.lawandreligionuk.com

Legitimate expectation as a ground for judicial review – OUT-LAW.com

Posted June 19th, 2017 in civil justice, equality, judicial review, local government, news by sally

‘A number of recent judicial decisions – particularly a recent ruling by the UK’s top judges in the United Policyholders case – have gone some way towards clarifying what counts as a breach of ‘legitimate expectation’ by a public body.’

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OUT-LAW.com, 16th June 2017

Source: www.out-law.com

The Highs and Lows of the UK’s Business and Human Rights Laws – Rightsinfo

‘Today marks 6 years since the UN Human Rights Council adopted the Guiding Principles on Business and Human Rights. To celebrate, we are looking at three fantastic things the UK has done to ensure that businesses respect human rights, and two areas where it could vastly improve.’

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Rightsinfo, 16th June 2017

Source: rightsinfo.org

Fair share – Counsel

‘All members should feel that chambers is doing their best for them. But how can you check work is being allocated fairly, and how can clerks demonstrate the fact of fairness? Rachel Crasnow QC reports from a seminar addressing these concerns.’

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Counsel, June 2017

Source: www.counselmagazine.co.uk

R (C) v Islington LBC – Arden Chambers

‘The Administrative Court has held that priority within a housing allocation scheme providing that existing social housing tenants are to be preferred over other applicants, such as the homeless and women fleeing domestic violence, for certain local lettings of eg new and refurbished accommodation was justified and accordingly had not been unlawfully discriminatory for the purposes of art.14 and ss.19, 29 Equality Act 2010; the introduction of the local lettings policies had complied with s.149 Equality Act 2010 and s.11 Children Act 2004; but the operation of a system of direct offers, used particularly to allocate accommodation to homeless applicants, had not been sufficiently set out in the scheme and was accordingly unlawful.’

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Arden Chambers, 31st May 2017

Source: www.ardenchambers.com

Council pays £2k in compensation to blind woman over 2015 election breaches – Local Government Lawyer

Posted June 6th, 2017 in compensation, disabled persons, elections, equality, news by tracey

‘A local authority has settled a claim brought by a woman who is registered as blind over alleged breaches of her right to vote at local and general elections in 2015, it has been reported.’

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Local Government Lawyer, 5th June 2017

Source: localgovernmentlawyer.co.uk