Category: equality

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

Posted April 22nd, 2024 in chambers articles, criminal justice, equality, hate crime, human rights, murder, news, sentencing, transgender persons by sally

‘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

Posted April 22nd, 2024 in chambers articles, criminal justice, equality, hate crime, human rights, murder, news, transgender persons by sally

‘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

Posted April 19th, 2024 in children, Christianity, equality, freedom of expression, human rights, Islam, news, religious discrimination, school children by sally

‘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

Posted April 18th, 2024 in equality, human rights, Islam, judicial review, news, religious discrimination, school exclusions by sally

‘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

High court upholds top London school’s ban on prayer rituals – The Guardian

Posted April 17th, 2024 in equality, human rights, Islam, news, religious discrimination, school children by sally

‘A high court decision to uphold a prayer ban at one of the highest performing state schools in England has been welcomed by Rishi Sunak and Kemi Badenoch, who described it as a “victory against activists trying to subvert our public institutions”.’

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The Guardian, 16th April 2024

Source: www.theguardian.com

Council managing its premises is not providing a service for Equality Act 2010 purposes – Nearly Legal

Posted April 15th, 2024 in disability discrimination, disabled persons, equality, housing, judicial review, landlord & tenant, local government, mental health, news by tracey

‘FG, R (On the Application Of) v Royal Borough of Kensington and Chelsea (2024) EWHC 780 (Admin). This was a judicial review of RBKC, asserting discrimination under the Equality Act 2010 in RBKC’s failure to make physical adaptations to a flat occupied by RBKC’s tenant, Ms FG, to meet her disability related needs.’

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Nearly Legal, 14th April 2024

Source: nearlylegal.co.uk

Schools in England and Wales using ‘gender toolkit’ risk being sued by parents – The Guardian

Posted April 15th, 2024 in barristers, children, equality, gender, human rights, local government, news, school children by tracey

‘Leading barrister warns that the kit – used to support gender-questioning children – is likely to be in breach of equality laws and could violate pupils’ rights.’

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The Guardian, 13th April 2024

Source: www.theguardian.com

Uber case a reminder of dangers of potentially discriminatory AI – OUT-LAW.com

Posted April 11th, 2024 in artificial intelligence, equality, facial mapping, news, race discrimination by sally

‘The UK’s Equality and Human Rights Commission (EHRC) has issued a reminder to employers to be mindful of the way in which they use artificial intelligence (AI), to prevent inadvertent bias or discrimination.’

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OUT-LAW.com, 10th April 2024

Source: www.pinsentmasons.com

Women’s rights barrister faces suspension for accusing judge of ‘boys’ club’ attitude – The Independent

Posted April 8th, 2024 in barristers, disciplinary procedures, domestic violence, equality, judges, news, professional conduct by tracey

‘More than 60 lawyers, campaigners, politicians and academics are backing a women’s rights lawyer who faces suspension after challenging a judge for having “a boys’ club” attitude in a ruling on a domestic abuse case.’

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The Independent, 7th April 2024

Source: www.independent.co.uk

Bar Council issues warning over Garrick Club membership – Legal Futures

Posted March 28th, 2024 in barristers, clubs, diversity, equality, judiciary, news by tracey

‘The Bar Council said yesterday that membership of the men-only Garrick Club creates “the potential for unfair advantage” when it came to practitioners needing references to become judges.’

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Legal Futures, 28th March 2024

Source: www.legalfutures.co.uk

At the heart of the Bar Council is a “commitment to fairness, equality and diversity” says Chair Sam Townend KC – The Bar Council

Posted March 28th, 2024 in barristers, clubs, diversity, equality, judiciary, news, women by tracey

‘In response to the media reports about membership of the Garrick Club, the Bar Council has issued the following statement:
Chair of the Bar Council, Sam Townend KC, said: “At the heart of the Bar Council’s work, as the representative body for all barristers in England and Wales, is a commitment to fairness, equality and diversity. We are proud of the work that the Bar Council does in striving to achieve an inclusive and meritocratic legal profession.”‘

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The Bar Council, 27th March 2024

Source: www.barcouncil.org.uk

Bar Standards Board publishes 2023 annual report on diversity of its workforce and members – Bar Standards Board

Posted March 25th, 2024 in barristers, diversity, equality, news, statistics by tracey

‘The Bar Standards Board (BSB) has today published its annual report, Diversity of the BSB Workforce and Board Members 2023. It follows the publication of the Diversity at the Bar Report 2022, which showed that the Bar continues to become more diverse and more representative of the society that it serves but women and barristers from minoritised ethnic backgrounds remain underrepresented at the most senior levels of the Bar.’

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Bar Standards Board, 20th March 2024

Source: www.barstandardsboard.org.uk

Discrimination, belief and the “fundamental party rights”: the judgment in Ali v Green Party of England and Wales – Cloisters

Posted March 20th, 2024 in chambers articles, county courts, employment, employment tribunals, equality, freedom of expression, gender, human rights, news, police by sally

‘The County Court has given judgment in Ali v Green Party of England and Wales [Central London County Court, 9 February 2024]. For the first time, the court had to consider the interaction between the Equality Act 2010 association provisions, the protected characteristic of belief, and the rights of political parties and their members under the European Convention on Human Rights. The decision will be of great interest to political parties and campaigners of all kinds.’

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Cloisters, 9th February 2024

Source: www.cloisters.com

Suitability, disability discrimination and dogs – temporary accommodation – Nearly Legal

Posted March 18th, 2024 in animals, disability discrimination, disabled persons, equality, homelessness, housing, judicial review, local government, news by tracey

‘AB & Anor, R (On the Application Of) v Westminster City Council (2024) EWHC 266 (Admin). This was a judicial review of both the suitability of accommodation provided to a homeless couple, and also of Westminster’s policy of sourcing temporary accommodation, which was claimed to indirectly discriminate against disabled people.’

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Nearly Legal, 17th March 2024

Source: nearlylegal.co.uk

‘Emoji trial’: Black man acquitted of hate crime charges over use of raccoon emoji in politician row – The Independent

Posted March 8th, 2024 in equality, hate crime, news, racism by sally

‘A Black man has been acquitted of hate crime charges after sending a raccoon emoji to a prospective Conservative MP on social media in a case that fuelled mounting concerns that anti-racist legislation is now being weaponised against ethnic minority groups.’

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The Independent, 8th March 2024

Source: www.independent.co.uk

Reasonable Adjustments and Recording Tribunal Proceedings: Bella v Barclays Execution Services Ltd & Ors [2024] EAT 16 – Parklane Plowden Chambers

Posted March 8th, 2024 in appeals, chambers articles, disabled persons, employment, employment tribunals, equality, news by sally

‘The Claimant/Appellant applied to the Employment Tribunal to be allowed to record a three-day preliminary hearing. The Employment Judge declined to grant the application as he was not satisfied with the evidence in support or that there was any significant disadvantage to the Appellant. In reaching his decision, the Judge did not refer to the guidance provided on this question in Heal v University of Oxford [2020] ICR 1294. Although the guidance in Heal is not mandatory, is in important in considering an application to record proceedings and by not referring to it, the Judge then failed to take into account factors material to the assessment of the Appellant’s application. The Judge should therefore have granted the application and it was right to make a declaration that the decision not to do so was unlawful.’

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Parklane Plowden Chambers, 27th February 2024

Source: www.parklaneplowden.co.uk

Is There a Place for Law to Regulate Menopause in the Workplace?”- by Eugenia Caracciolo di Torella and Pascale Lorber – UK Labour Law Blog

Posted March 8th, 2024 in chambers articles, disability discrimination, disabled persons, employment, equality, harassment, news, women by sally

‘Questions are being raised about the role of the law in dealing with issues associated with the menopause in the workplace following the recent publication by the Equality and Human Rights Commission (EHRC) of the Guidance on the Menopause for Employers. The Guidance refers to the possibility of using discrimination law, in particular the disability provisions, to help women request adjustments in the workplace, and claim harassment if they are subject to unwelcome comments or behaviours because of the symptoms they are experiencing. This blog considers how the current legal framework needs some rethinking and adaptation given the number of workers affected by the menopause and the types of issues that have been raised in the workplace as a result.’

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UK Labour Law Blog, 8th March 2024

Source: uklabourlawblog.com

“All the world’s a stage” – or perhaps not: Omooba – Law& Religion UK

Posted March 7th, 2024 in belief discrimination, contracts, employment tribunals, equality, harassment, homosexuality, news, religious discrimination, theatre by sally

‘In Omooba v Michael Garrett Associates Ltd (t/a Global Artists) & Anor [2024] EAT 30, Ms Seyi Omooba, an actor, was cast as Celie in a stage production of The Color Purple. Celie is regarded as an iconic lesbian role and the announcement that Ms Omooba was to play it led to a social media storm about an earlier Facebook post in which she had expressed her belief that homosexuality was a sin. As a result, her contracts with the theatre (the second respondent) and her agency (the first respondent) were terminated.’

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Law & Religion UK, 7th March 2024

Source: lawandreligionuk.com

Landlords behaving badly corner – racial discrimination and harassment – Nearly Legal

Posted March 4th, 2024 in damages, deposits, equality, harassment, housing, landlord & tenant, news, race discrimination, repossession by tracey

‘Hickmet and Cheerz Express Limited v Dragos (Luton County Court, 19 January 2024). Ms Dragos was the assured shorthold tenant of Cheerz Express, with the tenancy beginning 1 June 2017. A depot of £1,100 was paid. The tenancy became a statutory periodic on 1 June 2018. A further fixed term tenancy began on 1 August 2018, then another statutory periodic on 1 August 2019. A notice seeking possession on grounds 8, 10 and 11 was served in November 2021, and a possession claim was issued in March 2022. Oddly, this was in the name of Mr Hickmet, who was the sole director of Cheerz Express Ltd, with Cheerz being added to the claim at a later stage. Mr Hickmet maintained up to trial that he had a “tenancy by estoppel”. This might be considered an early indicator that things weren’t going to go well for the landlord…’

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Nearly Legal, 3rd March 2024

Source: nearlylegal.co.uk

Navigating menopause in the workplace: A guide for employers – Kingsley Napley Employment Law Blog

Posted February 29th, 2024 in disability discrimination, employment, equality, Equality and Human Rights Commission, menopause, news, women by sally

‘Yesterday [22 February], the Equality and Human Rights Commission (EHRC) published new guidance on an employer’s legal obligations towards employees who experience menopause and perimenopause..

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Kingsley Napley Employment Law Blog, 23rd February 2024

Source: www.kingsleynapley.co.uk