[2020] EWCA Civ 1199, Sir Terence Etherton MR, Underhill VP and Rose LJ
The Court of Appeal refused an appeal against the dismissal of a challenge to increases in women’s state pensionable age. Continue reading
[2020] EWCA Civ 1199, Sir Terence Etherton MR, Underhill VP and Rose LJ
The Court of Appeal refused an appeal against the dismissal of a challenge to increases in women’s state pensionable age. Continue reading
It was widely reported on 9 September that the Garrick Club, whose membership has included such luminaries as Charles Dickens, A. A. Milne Laurence Olivier and John Gielgud, is facing a legal challenge to its exclusion of women from membership. Continue reading
[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
[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
High levels of concern are being expressed on Twitter about the equality implications of arrangements for the BTPC examinations, which are to be taken in August online either remotely or in a test centre. Continue reading
June 2020’s Counsel magazine carried an article by Rachel Barrett of Cloisters entitled “Is a pandemic the right time to be thinking about diversity issues at the Bar?”. Continue reading
The European Committee of Social Rights, which is responsible for compliance with the European Social Charter, announced on 29 June 2020 that it had found that 14 of the 15 countries which apply the Charter’s collective complaints procedure were in breach of rights to equal pay and equal opportunities at work. Continue reading
US Supreme Court, 590 US_ (2020)
As Europeans, it is easy for us to assume that we have nothing to learn from the USA when it comes to anti-discrimination law. Surely a legal system which tolerated de jure racial segregation until 1965, and which was still prosecuting gay men in the 1990s, has nothing to teach the nations of Europe, with their well-established and comprehensive codes of equality laws? Well, perhaps. Continue reading
In news that is unlikely to come as a surprise to many of us, The Times reported on 20 April 2020 that “Men dominate jobs offering highest pay”. Continue reading
[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