Justification in Age Discrimination It is well understood by employment law practitioners that cost alone cannot amount to justification of indirect discrimination (Woodcock v Cumbria Primary Care Trust [2012] EWCA Civ 330). This has led to the development of so-called ‘cost+’ justification arguments. An example of cost + justification is where an organisation seeks […]
Tags: Employment
Non-Disclosure Agreements The Women and Equalities Committee have been undertaking an inquiry into the use of non-disclosure agreements in discrimination cases. The Committee reported on 5th June 2019 and there is a link to the full report at the end of this blog post. In the report, MPs condemned the routine cover-up of allegations […]
Tags: Employment
Holiday Pay & Voluntary Overtime Article 7 of the Working Time Directive states as follows: Annual leave Member States shall take the measures necessary to ensure that every worker is entitled to paid annual leave of at least four weeks in accordance with the conditions for entitlement to, and granting of, such […]
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Payment for Shared Parental Leave & Maternity Leave Is it unlawful discrimination on the basis of sex – whether direct, indirect, or because the operation of the sex equality clause implied into all terms of work by the Equality Act 2010 (“the EA”) – for men to be paid less on shared parental leave than […]
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Permitted Development Rights for Householder Extensions made Permanent The temporary permitted development rights allowing the construction of larger extensions to dwellinghouses which were due to expire on the 30th of May 2019 have now been made permanent. The Town and Country Planning (General Permitted Development) (England) Order 2015 (“the Order”) (S.I. 2015/596) have been amended […]
Tags: Planning
Wiltshire Council v Cooper Estates Strategic Land Ltd and Richard Gosnell, Royal Wotton Bassett Town Council [2019] EWCA Civ 840 The Court of Appeal has considered the question of the interpretation of the “trigger event” within paragraph 4 of Table in Schedule 1A of the Commons Act 2006 and in dismissing the appeal of Wiltshire […]
Article 9 of the ECHR, which is one of “the Convention rights” set out in Sch. 1 to the Human Rights Act 1998 (“HRA”), provides that: “(1) Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in […]
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In an arising from claim under S 15 Equality Act 2010 there are two distinct causative issues: 1.Did A treat B unfavourably because of an (identified) “something” and 2. did that “something” arise in consequence of B’s disability. If the Claimant (B) establishes the above, the Tribunal must them go on to consider the […]
Tags: Employment