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.
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When a woman discovered she was pregnant after being offered a job in the police force, the offer was withdrawn.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.
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.
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.
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.
Helping disabled tenants to make reasonable adjustments to their homes (Andrew Smailes, Stacey Poyner-Smailes and Clewer Court Residents Ltd )
A disabled woman needed to make reasonable adjustments to her home, but because she was renting, they were refused by the landlord. We successfully funded this case to clarify whether a term in the lease prohibiting alterations is contrary to the Equality Act.
Does planning policy discriminate against Gypsy/Roma/Traveller people who have stopped travelling due to age and disability? (R (Lisa Smith) v SSH, CLG and (2) NWLDC and Amos Willshore (Interested Party) and four interveners)
We intervened in this case to seek to protect the rights of Gypsies and Travellers who have ceased to travel, because of age or disability, not to be discriminated against.
Full case name:
R (Lisa Smith) v (1) Secretary of State for Housing, Communities and Local Government and (2) North West Leicestershire District Council and Amos Willshore (Interested Party) and four interveners:
- Equality and Human Rights Commission
- National Federation of Gypsy Liaison Groups
- Friends Families and Travellers London Gypsies and Southark Travellers Action Group