Bostock v Clayton County

US Supreme Court, 590 US_ (2020)

As Europeans, it is easy for us to assume that we have nothing to learn from the USA when it comes to anti-discrimination law. Surely a legal system which tolerated de jure racial segregation until 1965, and which was still prosecuting gay men in the 1990s, has nothing to teach the nations of Europe, with their well-established and comprehensive codes of equality laws? Well, perhaps. Continue reading

access to education for “undocumented” young

In R (Tigere) v Secretary of State for Business, Innovation and Skills [2015] UKSC 57, [2016] 1 All ER 191, [2015] ELR 455 the Supreme Court ruled that the unavailability of student funding to the claimant, who had discretionary leave to remain in the UK, breached Art 14 ECHR and A1P1, though it upheld a requirement for three years’ lawful residence. Continue reading

Adiatu & Independent Workers Union of GB v HM Treasury

 [2020] EWHC 1554 (Admin), Bean LJ and Cavanagh J

Comment

The claimants sought unsuccessfully to challenge the approach taken by the Chancellor to the furlough scheme, arguing in particular that the exclusion of self-employed workers from entitlement to furlough payments and the restriction of payments for non-furloughed workers who could not attend work (because they were symptomatic or self-isolating) to SSP discriminated against self-employed workers contrary to Article 14 EHCR, and indirectly discriminated against women and BAME workers contrary to EU law. They also claimed that the Chancellor had failed to pay regard to the PSED in designing the scheme. Continue reading

R (McConnell & Anor) v Registrar General for England and Wales

[2020] EWCA Civ 559, [2020] 2 All ER 813, Lord Burnett CJ, Singh and King LJJ

Case

The effect of a certificate issued under the Gender Recognition Act 2004 is (s9) that the recipient “becomes for all purposes the acquired gender”. The question which arose for the Court of Appeal in the McConnell case was whether this recognition entitled the appellant, who became pregnant and gave birth to a child after having acquired male gender under the 2004 Act, to be listed on the child’s birth certificate as its father. Continue reading