Return of the blog

Having failed to keep up with the demands of this blog for most of 2020 I have spent the last couple of weeks attempting to catch up with the case law, if not many other developments, in the field of equality law and have just posted multiple case reports. While less useful than they might have been had they been posted in a timely manner I hope that they will contribute to the blog as a resource for those interested in this area of law. I have also started to provide more information in the tags including as to judges and lawyers involved.

Perhaps the most notable decision is that of the Supreme Court in R (SC) v Secretary of State for Work and Pensions [2021] UKSC 26, [2021] 3 WLR 428, 9 July 2021 in which the Supreme Court admitted defeat in the Article 14 battle between suspect grounds and the “manifestly without reasonable foundation” formulation for justification. Notwithstanding this welcome development, subsequent caselaw suggests that this may have been a pyrrhic victory (see for example R (Salvato) v Secretary of State for Work and Pensions [2021] EWCA Civ 1482, R (The Motherhood Plan & Anor) v Her Majesty’s Treasury [2021] EWCA Civ 1703 and MOC (by his litigation friend) v Secretary of State for Work and Pensions [2022] EWCA Civ 1.

Gender Recognition Act – response to consultation

22 September 2020 saw the publication of the Government response to its consultation on proposed changes to the Gender Recognition Act 2004. The response was as short as it was long-awaited: 421 words,  23 months after consultation closed. 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