McCloud Costs Directions: BMA v HM Treasury – Pensions Barrister

Posted May 16th, 2024 in age discrimination, costs, equality, judicial review, news, pensions by sally

‘Edward Sawyer of Wilberforce Chambers discusses the Court of Appeal’s decision in BMA v HM Treasury, which upheld the validity of directions made by the Treasury to charge members rather than taxpayers with the costs of remedying the discrimination in public sector schemes following the McCloud litigation.’

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Pensions Barrister, 16th May 2024

Source: www.pensionsbarrister.com

Supporting disability at the Bar is a work of A.R.T. – Counsel

‘The Bar is slowly addressing the barriers to attracting disabled talent, says Daniel Holt, but there are more ways chambers can authentically commit to disability inclusion.’

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Counsel, May 2024

Source: www.counselmagazine.co.uk

Parts of police act ‘intrude’ on lives of Gypsies and Travellers, court finds – The Guardian

Posted May 15th, 2024 in equality, human rights, news, police, race discrimination, travellers by sally

‘A high court judge has found parts of the UK government’s policing legislation to be in breach of human rights law, with its powers capable of causing a “significant intrusion” on the lives of Gypsies and Travellers.’

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The Guardian, 14th May 2024

Source: www.theguardian.com

In a high-profile ruling, the High Court has rejected a legal challenge to a school prayer ban. Philip Wood explains why – Local Government Lawyer

Posted May 14th, 2024 in equality, human rights, news, religious discrimination, school children by tracey

‘The High Court has dismissed a challenge from a pupil at the Michaela Community School, a secondary school in Wembley, London, who argued that a ban on prayer in the school was a breach of the Equality Act as well as her Human Rights. There was also a related challenge to two suspensions that the pupil had received on the basis that they were not procedurally fair.’

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Local Government Lawyer, 10th May 2024

Source: www.localgovernmentlawyer.co.uk

Restoring faith: Marina Wheeler KC – Counsel

‘The “non-party political” employment silk advising Labour talks to Stephanie Hayward about employer failure to tackle workplace sexual harassment and the urgent need to reinvent whistleblowing culture.’

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Counsel, May 2024

Source: www.counselmagazine.co.uk

Pupillage providers using blind recruitment “are less diverse” – Legal Futures

Posted May 8th, 2024 in barristers, diversity, equality, news, pupillage, statistics by tracey

‘Pupillage providers using blind or contextual recruitment techniques have a higher proportion of male and White pupils than those who do not, research by the Bar Standards Board (BSB) has found.’

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Legal Futures, 8th May 2024

Source: www.legalfutures.co.uk

Schoolgirls treated differently to boys – Ofsted – BBC News

‘Girls at a Bradford primary school told Ofsted inspectors they are treated differently to boys during an inspection last September.’

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BBC News, 7th May 2024

Source: www.bbc.co.uk

Garrick Club votes to accept female members for first time – The Guardian

Posted May 8th, 2024 in clubs, diversity, equality, gender, news, women by tracey

‘The men-only Garrick Club has finally voted to allow women to become members, 193 years after the London institution first opened its doors.’

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The Guardian, 7th May 2024

Source: www.theguardian.com

Bar earnings gap a “serious cultural and structural problem” – Legal Futures

‘The earnings gap between male and female barristers is not explained by caring responsibilities, choice of practice area, or amount of legally aided work”, new research by the Bar Council has found.’

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Legal Futures, 24th April 2024

Source: www.legalfutures.co.uk

UK policy denying visas to children of care workers faces legal challenge – The Guardian

‘An organisation that supports migrant workers has launched a legal challenge against the government’s new policy to bar care workers from bringing children and partners to the UK, warning that it is “tearing families apart”.’

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The Guardian, 26th April 2024

Source: www.theguardian.com

Reasonable Adjustments: Trial Periods and the Burden of Proof – 3PB

‘Stephen Wyeth reviews Rentokil Initial UK Ltd v Miller [2024] EAT 37 which deals with the issue of whether trial periods can be a reasonable adjustment in the context of existing case law and offers some useful discussion about how the burden of proof shifts in such cases.’

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3PB, 26th March 2024

Source: www.3pb.co.uk

High Court finds Local Authority’s housing policy to be discriminatory against women and girls escaping violence in successful judicial review challenge – Garden Court Chambers

‘The High Court has held that part of Westminster City Council’s Housing Allocation Scheme is unlawful, as it indirectly discriminates against women and girls who need to move borough to escape violence.’

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Garden Court Chambers, 10th April 2024

Source: www.gardencourtchambers.co.uk

Universal Credit, transitional protection and temporary accommodation – Nearly Legal

‘Secretary of State for Work and Pensions v JA (2024) UKUT 52 (AAC) (UTJ Church). This important Upper Tribunal decision holds that universal credit claimants leaving supported or temporary accommodation have been unlawfully losing ‘transitional protection’ due to the discriminatory effect of the Universal Credit (Transitional Provisions) Regulations 2014. It also holds that affected claimants can obtain a remedy through tribunal appeals.’

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Nearly Legal, 23rd April 2024

Source: nearlylegal.co.uk

Mind the early gender earnings gap at the Bar – new research from the Bar Council – The Bar Council

Posted April 24th, 2024 in barristers, diversity, equality, fees, gender, news, remuneration, statistics, women by tracey

‘Barristers and chambers can actively manage practice and career development to mitigate the earnings gap between men and women at the self-employed Bar, according to new research from the Bar Council: New practitioner earnings differentials at the self-employed Bar.’

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The Bar Council, 23rd April 2024

Source: www.barcouncil.org.uk

In depth: Transgender athletes and sporting ‘integrity’ – lawyers divided – Law Society’s Gazette

Posted April 24th, 2024 in equality, gender, news, sport, women by tracey

‘The controversial topic of transgender participation in women’s sport was discussed at the recent LawAccord conference. Speakers were – perhaps unsurprisingly – deeply divided on next steps.’

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Law Society's Gazette, 23rd April 2024

Source: www.lawgazette.co.uk

Immigration Newsletter – 4KBW

March 2024 Update.

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4KBW, March 2024

Source: www.4kbw.co.uk

Part 2 – A review of hate crime by Olivia Chessell – 2DRJ

‘The first part in this two-part article explored the application of hate crime laws in the sentencing of Scarlett Jenkinson and Eddie Ratcliffe for the tragic murder of Brianna Ghey, a 16-year-old transgender child. This second part sets out the current statutory framework for prosecuting hate crimes in England and Wales before providing an analysis of potential shortcomings and recommendations for reform.’

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2DRJ, 18th April 2024

Source: www.2drj.com

Part 1 – A review of hate crime by Olivia Chessell – 2DRJ

‘The well reported case of two teenagers convicted for the murder of 16-year-old transgender child, Brianna Ghey, offers an opportunity for legal practitioners to review the scope and limitations of existing hate crime legislation. The sentencing remarks of Mrs Justice Yip DBE in R v Scarlett Jenkinson and Eddie Ratcliffe, are considered in this two-part article which provides an overview of hate crime laws in England and Wales.’

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2DRJ, 26th March 2024

Source: www.2drj.com

Say a prayer for Article 9? R (on the Application of TTT) v Michaela School and the question of interference – Law & Religion UK

‘The media reports of the last few months highlight how controversial and charged the decision in R (on the Application of TTT) v Michaela School [2024] EWHC 843 (Admin) is. There is much to unpack and debate about the High Court’s 83-page judgment, not least how the secular approach held to be lawful in the judgment sits with a legal framework that continues to favour Christianity in terms of laws on collective worship and the teaching of religion in school.’

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Law & Religion UK, 19th April 2024

Source: lawandreligionuk.com

Banning ritual prayers in school: Michaela Schools Trust – Law & Religion UK

‘In R (TTT, by her mother and litigation friend UUU) v Michaela Community Schools Trust & Anor [2024] EWHC 842 (Admin), the school’s governing body decided in 2023 to prohibit its pupils from performing prayer rituals on its premises after the Headteacher had banned them as an interim measure. That policy applied to all prayer rituals, regardless of religion, but there was no evidence that pupils of any religion other than Islam wished to perform prayer rituals during the school day. Muslims are required to pray five times a day. The claimant, a Muslim, accepted that the requirements of the school day meant that she would not always be able to fulfil that obligation during the appropriate period; however, she wished to be allowed to perform the midday prayer [Duhr], which during the autumn and winter months would be possible during the school lunch break – which, she argued, was “free time”.’

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Law & Religion UK, 17th April 2024

Source: lawandreligionuk.com