Alemi v Mitchell & Anor

UKEAT/0042/20/AT (V), Judge James Tayler

This case raises an interesting question as to the extent of vicarious liability for acts of discrimination. While the decision is focused on the definition of employment under the Equality Act 2010, it shines light on the limitations on vicarious liability for harassment/ discrimination. Continue reading

R (DMA, AHK, BK and ELN) v Secretary of State for the Home Department; R (AA) v Secretary of State for the Home Department

[2020] EWHC 3416 (Admin), Knowles CBE J

This was a claim brought by asylum seekers who, their claims having been rejected by the defendant, were not permitted to work or to access public funds while they awaited the defendant’s consideration of their further representations. The defendant had accepted that she was under a duty to provide accommodation or arrange for the provision of accommodation to the claimants under s4(2) Immigration and Asylum Act 1999 (“the 1999 Act”). Continue reading

R (Colchester) v Secretary of State for Education

[2020] EWHC 3376 (Admin), Clive Sheldon QC sitting as a Deputy High Court Judge
This case concerned a renewed application for permission in a PSED challenge to the Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 and associated guidance, Continue reading

Nwabueze v University of Law Ltd & Ors

[2020] EWCA Civ 1526, Bean, Asplin and Lewis LJJ

The Court of Appeal refused an appeal against a decision that an employment tribunal did not have jurisdiction to determine a claim brought against the respondent university in connection with the appellant’s experiences while studying for a Master of Laws in Professional Legal Practice. Continue reading

R (Z and Anor) v Hackney LBC & Anor

[2020] UKSC 40, Lords Reed, Kerr, Kitchen and Sales and Lady Arden

Introduction

The case involved a challenge to Hackney’s allocation of about 1% of its social housing via a charitable housing association (Agudas Israel Housing Association/ AIHA) which prioritized applicants from the Orthodox Jewish Community. The reasons for the priority were, inter alia, that Orthodox Jewish families were disadvantaged in access to general social housing by reason of their tendency to have large families; that they suffered from significant economic disadvantage and discrimination in access to private sector accommodation; and that they needed to live in proximity to each other for religious reasons and because of antisemitism. The decision is an important one in rejecting the argument that a narrow approach should be taken to the parameters of lawful positive action.

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R (on the application of Caine) v Secretary of State for Work and Pensions

[2020] EWHC 2482 (Admin), Julian Knowles J

The claimant sought to challenge the calculation of the housing element of Universal Credit (UC) on the basis, inter alia, that it discriminated between weekly and monthly paying tenants. Continue reading

R (Bridges) v CC South Wales Police

[2020] EWCA Civ 1058, Sir Terence Etherton MR, Dame Victoria Sharp P and Singh LJ

The Court of Appeal allowed the Claimant’s appeal against the decision of the Divisional Court that the Defendant had not breached the PSED in its trial of live automated facial recognition technology Continue reading

Independent Workers Union of Great Britain v Mayor of London & Transport for London (Interested Party)

[2020] EWCA Civ 1046, Sir Geoffrey Vos C, Singh and Simler LJJ

The claimant unsuccessfully appealed against the rejection by Lewis J of its challenge to the decision to remove the exemption in the congestion charging regime which had previously applied to private hire vehicles (PHVs). The exemption remained applicable to black cabs and to the 1% of PHVs which were wheelchair accessible. The claimant argued that the removal of the exemption amounted to indirect discrimination against BAME and women PHV drivers, 94% of PHV drivers being from BAME backgrounds whereas 88% of black cab drivers were white. Continue reading