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.
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.
When a woman discovered she was pregnant after being offered a job in the police force, the offer was withdrawn. We were concerned this amounted to discrimination and provided the woman with legal assistance to support her case.
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.
Highways England signs legally binding agreement to protect staff from sexual harassment (Highways England s23 agreement)
Highways England has signed a legally binding agreement with us after a staff member was awarded £74,000 in compensation for sexual harassment and unfair dismissal.
Challenging a decision to terminate a man's Employment Support Allowance (ESA) payments (R (on the application of Alison Turner) v SS for Work and Pensions)
A judicial review hearing was heard at the High Court to consider the case of Errol Graham who starved to death in June 2018 after his Employment Support Allowance (ESA) payments were terminated by the Department of Work and Pensions (DWP) eight months earlier. We intervened in this case.
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.
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.