Helping a woman with mental health conditions access justice (XX v Secretary of State for Work and Pensions)
A woman has mental health issues and claimed Employment and Support Allowance. She was referred to the Work Programme, which involves work-focused interviews and activities designed to improve people’s chances of finding work. She found it difficult to attend these because no adjustments had been made for her mental health impairments. She experienced deterioration in her health as a result of attempting to carry out the mandatory activities. She brought claims for failure to make reasonable adjustments and indirect disability discrimination.
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.
Preventing estate agents using ‘No DSS’ policies to discriminate against renters (J v X Estate Agents)
A female disabled renter successfully challenged an estate agent’s ‘No DSS’ policy on grounds it indirectly discriminated against her because of her sex and disability. Women and disabled people are more likely to be in receipt of housing benefit than men and non-disabled people, and as a result of the policy, blocked from renting many properties.
Protecting the religious beliefs of employees (Gan Menachem Hendon Ltd v Miss Zelda De Groen)
Can an employer lawfully treat an employee less favourably, including dismissing them, because of behaviour in their private life which runs contrary to the employer’s religion or belief?
Highlighting the lack of interim relief available to discrimination claimants (Steer v Stormsure Ltd)
A woman alleged that she was sexually harassed by her colleague and victimised by her employer when she complained about it. She resigned from her employment, claiming that she had been constructively dismissed as a result of her employer’s actions and applied for interim relief, which was rejected. We were involved in the subsequent appeals in order to highlight the lack of interim relief available to discrimination claimants and the problems associated with this.
Upholding the right to freedom of religion or belief (Forstater v (1) CGD Europe (2) Centre for Global Development (3) Masood Ahmed)
Ms Forstater alleges that she was discriminated against when her contract was not renewed because of her belief that trans women are not women. The Employment Tribunal decided her belief is not protected under the Equality Act 2010. We are intervening in the case at the Employment Appeal Tribunal, to clarify how equality and human rights law applies in the complex area of freedom of thought, conscience and religion. Our submissions concern the law and the legal approach adopted by the Employment Tribunal. They do not take or express any view as to whether Ms Forstater’s discrimination claim should succeed.