Wisbey v Commissioner of the City of London Police & Anor

Court of Appeal: Peter Jackson, Simler and Lewis LJJ, [2021] EWCA Civ 650, 6 May 2021

Here the Court of Appeal (Simler LJ with whom Peter Jackson and Lewis LJJ agreed) dismissed an appeal against a tribunal’s refusal to award compensation in respect of indirect sex discrimination to a police officer who was subject to a detriment because of his defective colour vision, a condition which affects 8% of men and 0.25% of women, rejecting the claim that s124 EqA breached EU law or Article 14 ECHR. Continue reading

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

Administrative Court: Julian Knowles J, [2020] EWHC 2482 (Admin), 23 September 2020

The claimant unsuccessfully 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. The Judge accepted that the discrimination at issue fell within the scope of A1P1 and was “prepared to assume in the Claimant’s favour that, having regard to the broad approach in … cases [such as R (Stott) v Secretary of State for Justice [2018] UKSC 59, [2018] 3 WLR 1831 and R (DA & Ors) v Secretary of State for Work and Pensions (Shelter Children’s Legal Services and others intervening) [2019] UKSC 21, [2019] 1 WLR 3289] that being a weekly tenant is such a status”. In his view, however, that the applicable test for justification in the context of welfare benefit was the “manifestly without reasonable foundation” test had been “authoritatively determined by the Supreme Court’  in DA [65], approving Humphreys v HM Revenue and Customs Commissioners[2012] UKSC 18, [2012] 1 WLR 1545, §§20-22. (Note that the Humphreys approach has been superseded as a result of the decision of the Supreme Court in R (SC) v Secretary of State for Work and Pensions [2021] UKSC 26, [2021] 3 WLR 428 (see later post)). Continue reading

Adiatu & Independent Workers Union of GB v HM Treasury

Divisional Court: Bean LJ and Cavanagh J, [2020] EWHC 1554 (Admin), 15 June 2020

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