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.
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.
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.
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).
DWP signs legally binding agreement to improve equality and diversity in the workplace (Department for Work and Pensions section 23 agreement)
The Department for Work and Pensions (DWP) entered a legally binding agreement with us after a former DWP employee won her claim of direct discrimination on the basis of age and race, racial harassment and victimisation.
A woman with afro hair was told by her employer that she had to wear her hair straightened and tied back. We challenged the policy to clarify if the employer’s policy was discriminatory against black women, which ended in a successful settlement for the claimant.
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?
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.