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

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 (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

Tabidi v BBC

 [2020] EWCA Civ 733, Underhill (VP) and McCombe LJJ, Morgan J, 11 June 2020

The requirement for a real or hypothetical comparator in direct discrimination cases has given rise to difficulties in judicial analysis, particularly in the context of pregnancy (see the saga which started with the decision of the EAT in Turley v Alders Dept Store [1980] ICR 66, continued through that of the EAT in Hayes v Malleable Working Men’s Club [1985] ICR 703 and culminated in the decision of the House of Lords in Webb v EMO (No 2) [1995] ICR 1021). Continue reading