A severely disabled man had his care package cut by the local council. It meant that he would lose a team of carers who had been supporting him to live independently for 20 years. We intervened to support his legal challenge that the decision broke equality and human rights laws and breached the UN Convention on the Rights of Persons with Disabilities.
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.
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.
Immigration status and the right to rent a property (R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department)
As part of the Home Office’s ‘hostile environment’ towards those without leave to remain in the UK, the Immigration Act 2014 prevents landlords from renting property to people who do not have leave to enter or remain in the UK. A body representing the interests of immigrants challenged this, arguing that the law breached both equality and human rights legislation because it causes landlords to discriminate against potential tenants on the grounds of their nationality and/or their race. This may happen, for example, because landlords think they do not look or sound British, even if they are not disqualified from renting.
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.
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.
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.
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.
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.