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 ‘two-child limit’ rule (R (on the application of SC and CB and their children) v Secretary of State for Work and Pensions)
The Welfare Reform and Work Act 2016 provides that child tax credit and its replacement universal credit will not be payable to any 3rd or subsequent children in a family born after 6th April 2017 (subject to some exceptions). This is known as the ‘two child rule’.
SC and CB each had a baby after 6th April 2017 and do not receive any tax credits for those children.
A disabled man was unable to board a bus because a passenger with a pushchair refused to vacate the wheelchair space. The man successfully brought a claim for discrimination against the bus company. The company appealed twice in the Supreme Court, which is where our involvement began.
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.
Mental health and access to justice: what reasonable adjustments should be made? (Jade Anderson v Turning Point Eepro)
A woman had mental health issues while she in the process of bringing a claim for sex discrimination. Her claim was successful, but she felt that her compensation was insufficient. She took her case to the Employment Appeal Tribunal (EAT), and then to the Court of Appeal. She argued that the Employment Tribunal’s failure to make adjustments for her disability had caused the case to be badly handled, so that she received inadequate compensation. Her appeals to the EAT and to the Court of Appeal were unsuccessful.
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.
Immigration: children who are eligible for leave to remain whose parents have been convicted of a crime (KO (Nigeria) & Ors v Secretary of State for the Home Department)
Home Office policy says that children who are eligible to apply for leave to remain but whose parents are ‘foreign criminals’ must either be deported with the parent or remain in the UK without them. We are concerned that this breaches the child’s right to family life, and we intervened in a case seeking to challenge the Home Office policy.
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.
A woman who was homeless had a range of serious mental health problems applied to the council to be housed. The council determined that she did not have the mental capacity to apply as homeless. She challenged this through the courts. The County Court had said it was bound by the outcome of an earlier case which found that people who lack capacity cannot make homeless applications.
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.