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.
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.
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.
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.
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.