‘The new contract ministers plan to force on NHS junior doctors discriminates against female medics and is potentially illegal, Britain’s equality watchdog has told the government.’
The Guardian, 28th April 2016
Source: www.guardian.co.uk
‘Sam Madge-Wyld looks at challenges to housing allocation schemes.’
LAG Housing Law, 26th April 2016
Source: www.laghousinglaw.com
‘Ealing’s allocation policy has already had lawfulness problems, compounded by Ealing’s unlawful refusal to do anything about that unlawfulness. But this judicial review of the policy was on a different basis and confirms a whole fresh ground of unlawfulness.’
Nearly Legal, 27th April 2016
Source: www.nearlylegal.co.uk
‘A leading judge has claimed that overweight workers could soon have the power to tackle “fattist” discrimination in the workplace by suing colleagues who make inappropriate comments about body size.’
The Independent, 25th April 2016
Source: www.independent.co.uk
‘Dr Michalak’s name may be familiar to you. She was the doctor who brought a claim against her NHS employer (‘the Trust’) for sex and race discrimination, amongst other matters. Not only did the litigation reveal eye-watering events, it resulted in an eye-watering award of compensation (close to £4.5m) from the Leeds Employment Tribunal (‘ET’). The ET found that there had been a sustained campaign of unlawful conduct by various individuals against Dr Michalak culminating in a sham dismissal and causing post-traumatic stress disorder in Dr Michalak (Michalak v Mid Yorkshire Hospitals NHS Trust and Others [2011] ET 1810815/2008).’
Littleton Chambers, 24th March 2016
Source: www.littletonchambers.com
‘Michalak v The General Medical Council & Ors [2016] EWCA Civ 172: This important case deals with the remedies available to individuals who claim to have suffered from discrimination, victimization, harassment or detriment in the treatment they have received from a “qualifications body” under s.53 of the Equality Act 2010 viz. any authority or body which can confer a relevant qualification (e.g. the GMC, ACCA etc.). It also clarifies the understanding of the place of judicial review in the context of internal and statutory appeals in cases of alleged discrimination contrary to the Equality Act 2010.’
UK Human Rights Blog, 11th April 2016
Source: www.ukhumanrightsblog.com
‘The lord chief justice has personally intervened in the case of a judge who is suing the government for racial discrimination.’
The Guardian, 7th April 2016
Source: www.guardian.co.uk
General Medical Council v Michalak [2016] EWCA Civ 172
‘The claimant doctor made a complaint of discrimination against the respondent General Medical Council, alleging that, as a qualifications body, it had subjected her to a detriment in the course of its Fitness to Practise Panel procedure, contrary to section 53(2)(c) of the Equality Act 2010. At a preliminary hearing to determine whether the employment tribunal had jurisdiction under section 120 of the Act, an employment judge held that the claim was not excluded by section 120(7), as the act complained of was not subject “by virtue of an enactment” to “an appeal or proceedings in the nature of an appeal”, since there was no right of appeal under the Medical Act 1983 from a decision of the panel, nor did judicial review provide a means to challenge its decision. The Employment Appeal Tribunal allowed the General Medical Council’s appeal, holding that judicial review proceedings were proceedings “in the nature of an appeal” that arose “by virtue of an enactment”, namely section 31 of the Senior Courts Act 1981, that were available to the claimant, thereby precluding the jurisdiction of the employment tribunal.’
WLR Daily, 23rd March 2016
Source: www.iclr.co.uk
‘The wording of the Public Sector Equality Duty must be strengthened so that the discriminatory consequences of decisions by the Government and public authorities can no longer be ignored, peers have said.’
Local Government Lawyer, 29th March 2016
Source: www.localgovernmentlawyer.co.uk
‘Rebekah Wilson, barrister, of Garden Court Chambers asks whether it is time for a review of the lack of racial diversity in the family justice system and of its consequences.’
Family Law Week, 24th March 2016
Source: www.familylawweek.co.uk
‘The government is failing in its duty of care to Britain’s 11 million disabled people, peers have said, in a House of Lords report published on Thursday. It identified a series of government failures, from inaction on long-standing provisions of the Equality Act designed to help disabled people, to repealing others that favour reducing business regulations over their rights, to the impact of spending cuts, as having a “hugely adverse impact” on those with disabilities.’
The Guardian, 24th March 2016
Source: www.guardian.co.uk
‘In January 2016 the Prime Minister invited David Lammy MP to find out why official figures show that Black, Asian and Minority Ethnic (BAME) groups appear to be over-represented at most stages of the criminal justice system, and what can be done about it. This is an independent review. It aims to make sure that everyone is treated equally, whatever their ethnicity.’
Ministry of Justice, 21st March 2016
Source: www.gov.uk/government/organisations/ministry-of-justice
‘Is an employer ever required to dis-apply an absence management policy or delay dismissal, as a reasonable adjustment for disability? Recent decisions have suggested that the answer is no, but in Griffiths v Secretary of State for Work and Pensions [2016] IRLR 216, the Court of Appeal has redefined the correct comparator in a disability claim in a way which may make this easier for an employee to argue.’
Tanfield Chambers, 9th March 2016
Source: www.tanfieldchambers.co.uk
‘Men’s domination of the senior echelons of the British judiciary means the law is biased against women. We urgently need gender quotas for women in senior legal roles.’
The Guardian, 15th March 2016
Source: www.guardian.co.uk
‘On 12 February 2016, the Government published the draft Equality Act 2010 (Gender Pay Gap Information) Regulations 2016, which will affect some 8,000 businesses. This means that it finally implemented s.78 of the Equality Act 2010 (“EqA”), the section enabling the Secretary of State to make Regulations concerning equal pay audits. (The gender reporting implemented by these Regulations is not be confused with the compulsory audits ordered by ETs under s. 139A of the EqA). Section 78 was shunted sideways in 2010, then revived following pressure from the Lib Dems in the Coalition and Mind the Pay Gap, the campaign launched by Grazia magazine. And you thought Grazia was all about clothes and celebrities…’
Cloisters, 15th February 2016
Source: www.cloisters.com
‘Why are there so few women at the top of the legal profession? Just one in five partners in top-20 firms is a woman, and just eight hold senior management roles in the top 50 firms, despite the fact that more women enter the profession than men. FLUX asked four senior lawyers for their take on the challenges and solutions.’
The Future of Law, 22nd Febraury 2016
‘Transgender people are waiting up to 18 months for an initial consultation at specialist NHS gender identity clinics.’
BBC News, 21st February 2016
Source: www.bbc.co.uk
‘The FCA may for the first time create special rules to protect the interests of the elderly.’
Daily Telegraph, 20th February 2016
Source: www.telegraph.co.uk
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