Immigration rules: extending domestic violence protection to refugees (R (A) v Secretary of State for the Home Department)
The wife of a refugee was granted temporary leave to remain in the UK. When domestic violence forced her to leave her husband, immigration rules meant she was no longer eligible for indefinite leave to remain. Had her partner been a British citizen or had settled immigration status, she would still be eligible for indefinite leave to remain under the Home Office’s domestic violence concession. However, the concession did not apply to partners of refugees. The woman unsuccessfully challenged the rules in the Court of Session (Outer House), and brought an appeal to the Court of Session (Inner House).
Home repossession: what reasonable adjustments should mortgage providers make? (Green v Southern Pacific Mortgage Ltd )
A woman who became unable to work because she was depressed asked her mortgage provider to transfer her from a repayment mortgage to an interest-only plan. This would have reduced her monthly payments sufficiently that her housing benefit would cover it. The mortgage company refused. She challenged their decision, arguing that they had discriminated against her by refusing to make reasonable adjustments on the grounds of her depression.
Are British civilians employed by the MoD in Cyprus protected by the Equality Act? (Holloway & Ors v Ministry of Defence)
A group of British civilians working on a military base in Cyprus brought claims of discrimination against the Ministry of Defence (MoD). Before considering their claim, the Employment Tribunal had to decide whether GB equality laws applied to this group of workers. The first Employment Tribunal found that the Equality Act did apply to them. However, the MoD successfully challenged this in the Employment Appeal Tribunal. This meant that the case was remitted to the ET to be reconsidered.
Enabling people with mental health conditions to seek justice (J v K & Anor)
A man with mental health conditions attempted to appeal the outcome of an unsuccessful Employment Tribunal case. He missed the deadline by one hour and his appeal was refused by the Employment Appeal Tribunal (EAT). He took his case to the Court of Appeal, arguing that the EAT had discriminated against him.
Challenging a Council's housing list policy (R (TW) and R (Gullu) v London Borough of Hillingdon)
Hillingdon Council’s housing rules said that a person must have lived in the area for at least ten years before they could apply for a house. The council refused two people, a refugee who had been given permission to stay in the UK and an Irish Traveller, on these grounds. We saw this as discriminatory and we intervened in their cases in the Administrative Court and the Court of Appeal.
Challenging the Home Secretary’s review of the way payments are calculated for asylum seekers (R (Nyamayaro and Okolo) v The Secretary of State for the Home Department)
An asylum seeker lost 30 per cent of her financial support after the Home Office changed how it calculates payments. She raised a Judicial Review, which was unsuccessful. She appealed. We intervened in the case because we were concerned that the Home Secretary hadn’t given enough consideration to the impact on human rights or equality laws.
Bedroom tax: under what circumstances is a spare room justifiable? (R (Daly and others) (formerly known as MA and others) v Secretary of State for Work and Pensions)
Housing benefit regulations reduce the amount of benefit available to people who have a spare bedroom. Seven people who had lost some of their benefit challenged the Department for Work and Pensions in the Supreme Court.
Self-employment: protecting the equality rights of self-employed people (Pimlico Plumbers and another v Smith )
We know that some companies have people working for them who are technically self-employed.
This meant that thousands of workers did not enjoy some of the employment rights and protections that employees do.
We supported a man who had worked on a self-employed basis for the same firm for six years.
When the firm refused to make adjustments to his work after a heart attack, he successfully took his disability discrimination case to the Employment Tribunal.
The firm appealed, arguing that the man was not protected by the Equality Act 2010.
Clarifying the protections of the Equality Act for migrant workers (Taiwo & Anor v Olaigbe & Ors)
A woman who came to the UK as a migrant domestic worker was abused and exploited by her employer. She successfully brought several claims against the employer, but her claim for race discrimination did not succeed. We supported her to challenge this in the Supreme Court.
Challenging the two-child limit on the basis of discrimination (R ( SC & Ors) v Secretary of State for Work and Pensions)
Tax credits are designed to help with the cost of bringing up a family; but families can only claim credits for the first two children. The claimant in this case is a mother of three children, she cannot take the contraceptive pill because it interferes with other medication she takes and she does not agree with abortion. We believe that the two-child limit discriminates against families like this claimant, so we intervened in her case.