Equality and human rights

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Forming enforceable contracts—intention to create legal relations

An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...

Separation of powers—legislative, executive and judiciary

Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689),...

Build Operate Transfer (BOT) contracts

The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring...

Facilitation payments under the Bribery Act 2010

Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...

Practice notes

Direct effect of EU law

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Laura Bolado 9th Nov

Brexit

Practice notes

Parliamentary supremacy—implied repeal

Essential to Parliament’s legislative supremacy is the principle that Parliament is not bound by its predecessors, and cannot bind its successors. It...

Produced in partnership with Carl Gardner 9th Nov

Practice notes

Parliamentary committees

In briefA great deal of the business of Parliament is carried out by committees of MPs or peers working on a specific subject or task. Public bill...

9th Nov

Practice notes

Active bribery, passive bribery and bribing foreign public officials

The purpose of this Practice Note is to provide a general understanding of the offences under section 1, 2 and 6 of the Bribery Act 2010 (BA 2010). It...

Produced in partnership with Joanne Kane of Carmelite Chambers 9th Nov

Practice notes

Sources of constitutional law

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Carl Gardner 9th Nov

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

9th Nov

Practice notes

Convention rights—structure of qualified rights

The rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human Rights Act 1998 Sch 1, can be broadly divided into...

Produced in partnership with Alexander Campbell of Field Court Chambers 9th Nov

Practice notes

Indirect effect of EU law

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Laura Bolado 9th Nov

Brexit

Practice notes

The supremacy of EU law

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Adam Cygan of University of Leicester 9th Nov

Practice notes

Judicial review time limits—extensions and urgent cases

When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov

Practice notes

Costs for judicial review—general principles

General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov

Practice notes

Termination and expiry of contracts

This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...

9th Nov

COVID-19

In-house

Practice notes

Judicial review—what it is and when it can be used—Scotland

Background to judicial review in ScotlandJudicial review represents the means by which the courts control the exercise of governmental power. Judicial...

Produced in partnership with Carolyn Morgan of Harper Macleod LLP 9th Nov

Scottish Law

Practice notes

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...

9th Nov

Brexit

Practice notes

Parliamentary supremacy the enrolled bill rule

It is not possible to successfully argue that an Act of Parliament is invalid because of flaws, or even fraud, in the legislative process.Early...

Produced in partnership with Carl Gardner 9th Nov

Practice notes

Overview of the EU legal system

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Laura Bolado 9th Nov

Brexit

Most recent Equality and human rights content

Q&As

Where a worker has been identified as clinically extremely vulnerable for the purposes of coronavirus (COVID-19) and the nature of their health condition means that it falls within the definition of ‘disability’ in the Equality Act 2010, would it constitute a reasonable adjustment to put the worker on furlough if they are not able to work from home?

When addressing this question, it will be relevant to consider:•current public health guidance•the nature of the duty to make reasonable...

25th Nov

Practice notes

Equality Act 2010—discrimination in the provision of goods, services and facilities

This Practice Note summarises the law and provides practical guidance to service providers in respect of their obligations to provide goods, services...

Produced in partnership with Annabel Mackay of Baker McKenzie 23rd Nov

Practice notes

Transgender and other gender issues

A small proportion of people have a gender identity that does not match the gender they were assigned at birth. This is known as being ‘transgender’...

18th Nov

Practice notes

Religion or belief

Protected characteristicsThe Equality Act 2010 (EqA 2010) provides protection against discrimination which relates to certain listed characteristics...

5th Nov

Practice notes

Charter of Fundamental Rights of the EU and European Convention on Human Rights

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Laura Bolado 4th Nov

Brexit

Practice notes

Understanding and improving gender and other pay gaps

Coronavirus (COVID-19): The enforcement of all gender pay gap reporting deadlines was suspended for the reporting year 2019–20 due to the coronavirus...

27th Oct

Practice notes

Specific public sector equality duties—England

The public sector equality duty (PSED) as defined and set out in Part 11 of the Equality Act 2010 (EqA 2010) comprises:•a general equality duty—the...

16th Oct

Practice notes

Specific public sector equality duties—Wales

The public sector equality duty (PSED) as defined and set out in Part 11 of the Equality Act 2010 (sections 149–159) (EqA 2010) is made up of a...

Produced in partnership with Rachel Barrett of Cloisters 16th Oct

Practice notes

Specific public sector equality duties—Scotland

FORTHCOMING CHANGE: The Gender Representation on Public Boards (Scotland) Act 2018 (Commencement No 2) Regulations 2020, SSI 2020/119, enter into...

Produced in partnership with Bruce Caldow of Harper Macleod LLP 16th Oct

Scottish Law

Q&As

How is compensation assessed when an employee is found to have been unfairly dismissed for redundancy because of her pregnancy?

An employee will be regarded as unfairly dismissed for the purposes of Part X of the Employment Rights Act 1996 (ERA 1996) if (among other...

29th Sep

Q&As

Where an employee performs poorly as a result of a disability, would it be unlawful to award them a poor rating in their assessment (with the knock on effect of them not being awarded a salary increase), and, if so, what approach should an employer take in relation to the employee’s performance review, particularly if reasonable adjustments have already been implemented temporarily to reduce the employee’s duties?

It is likely that consideration will need to be given, in these circumstances, to the employer’s duty to make reasonable adjustments, and the...

29th Sep

Q&As

Will an employee on maternity leave who has decided to reduce her hours following a redundancy consultation accrue holiday entitlement on her original hours until she returns to work?

Accrual of holiday entitlement generallyA worker is entitled under the Working Time Regulations 1998, SI 1998/1833 (WTR) to a total of 5.6 weeks' paid...

29th Sep

Q&As

Where a claim is brought out of time under the Human Rights Act 1998, can the defendant apply for summary judgment or should the question of limitation await trial?

By section 8 of the Human Rights Act 1998 (HRA 1998), a court has the power to award a remedy including, in certain cases, damages, where a public...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Sep

Q&As

Would a public park/recreation ground constitute a ‘physical feature’ under section 20(4) of the Equality Act 2010?

Duty to make reasonable adjustmentsThe duty to make reasonable adjustments (referred to below simply as 'the duty') comprises three requirements,...

29th Sep

Q&As

Are universities, higher education institutions and/or further education colleges operating in Wales considered public authorities for the purposes of the Human Rights Act 1998?

The Human Rights Act 1998 (HRA 1998) requires public authorities not to act in ways which are incompatible with the rights guaranteed by the European...

Produced in partnership with Christopher McFarland 29th Sep

Q&As

What does the public sector equality duty require in terms of compliance in the event that a public body’s existing policy or practice is potentially discriminatory?

Public sector equality dutySection 149 of the Equality Act (EqA 2010) (EqA 2010, s 149) sets out a general public sector equality duty (PSED), which...

29th Sep

Q&As

How will UK equality and human rights law differ post-Brexit?

Starting point―impact of European Union (Withdrawal) Act 2018The starting point for this question is the European Union (Withdrawal) Act 2018 (EU(W)A...

Produced in partnership with Mathias Cheung of Atkin Chambers 29th Sep

Brexit

Q&As