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

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

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

disparate impact of Covid-19: end of furlough

The Guardian reported on 19 May 2020 that charities and social enterprise employers had been informed that Treasury plans to wind down the Covid-19 furlough scheme and to end it in October did not ‘currently include an exemption for vulnerable workers’. The plan, as it was reported at that time, was for employers to fund at least 80% of furloughed workers’ wages by August, with (at present) employers being treated equally irrespective of sector or ability of staff to return for reasons of vulnerability to Covid-19. Continue reading