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).
Protecting the right of disabled people to stay in their own home (1) (EHRC v 13 Clinical Commissioning Groups)
NHS Clinical Commissioning Groups (CCGs) are responsible for planning and commissioning healthcare in their local areas. A number of CCGs had policies which limited spending on continuing healthcare. It meant that disabled people with ongoing health needs risked being moved from their homes into residential care against their wishes. We believe this breaches human rights laws and began legal proceedings against the 13 CCGs with the most overly restrictive policies.
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.
NHS regulations require most non-EU citizens to pay up to 150 percent of the cost of healthcare treatment. A man who was being treated for cancer challenged this in the courts, arguing that the regulations did not comply with equality laws.
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.
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.
A woman believed the company she worked for had unlawfully discriminated against her when she was pregnant. However, she did not find out that she could make a legal claim until after the three-month time limit. The Employment Tribunal did not agree to hear her case as she had not made a claim within three months, but the Employment Appeal Tribunal later ruled that the original decision should be retaken by a different Employment Tribunal.
When a woman discovered she was pregnant after being offered a job in the police force, the offer was withdrawn. We were concerned this amounted to discrimination and provided the woman with legal assistance to support her case.
Protecting the right of disabled people to stay in their own home (2) (EHRC v a Clinical Commissioning Group)
NHS Clinical Commissioning Groups (CCGs) are responsible for planning and commissioning healthcare in their local areas. This CCG had a policy which limited spending on continuing healthcare. It meant that disabled people with ongoing health needs risked being moved from their homes into residential care against their wishes. We believe this breached human rights laws and began legal proceedings against the CCG.
Highways England signs legally binding agreement to protect staff from sexual harassment (Highways England s23 agreement)
Highways England has signed a legally binding agreement with us after a staff member was awarded £74,000 in compensation for sexual harassment and unfair dismissal.