Equality and human rights

Practice notes

Indirect effect of EU law

Indirect effect of EU lawWhat is indirect effect of EU law?The doctrine of indirect effect, or consistent interpretation, is a duty that national...

Produced in partnership with Laura Bolado of Andes Legal Consulting Ltd 19th May

Brexit

Practice notes

Parliamentary committees

Parliamentary committeesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...

19th May

Practice notes

Judicial review—time limits and the pre-action protocol

Judicial review—time limits and the pre-action protocolWhen considering whether and how to bring a claim for judicial review, the first step is to...

Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 19th May

Practice notes

Brexit—exiting the EU under Article 50 [Archived]

Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...

Produced in partnership with Adam Cygan of University of Leicester 19th May

Brexit

Practice notes

Judicial review time limits—extensions and urgent cases

Judicial review time limits—extensions and urgent casesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 19th May

Q&As

What is fettering of discretion in judicial review? When is it an actionable ground of challenge and what must be established for a challenge to succeed?

What is fettering of discretion in judicial review? When is it an actionable ground of challenge and what must be established for a challenge to...

Produced in partnership with Jamas Hodivala of Matrix Chambers 19th May

Practice notes

Structure and functions of EU institutions and bodies

Structure and functions of EU institutions and bodiesThe EU’s unique institutional frameworkThe European Union is a supranational polity, and is...

19th May

Brexit

Practice notes

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

Judicial review—what it is and when it can be used—Scotland [Archived]ARCHIVED: This Practice Note has been archived is not maintained. For...

Produced in partnership with Carolyn Morgan of Harper Macleod LLP 19th May

Scottish Law

Practice notes

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

Judicial review—what it is and when it can be usedWhat is judicial review?Judicial review is a process by which the courts exercise a supervisory...

Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 19th May

Practice notes

Brexit legislation tracker

Brexit legislation trackerThis Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the...

19th May

Brexit

Practice notes

Parliamentary supremacy—implied repeal

Parliamentary supremacy—implied repealIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period...

Produced in partnership with Carl Gardner 19th May

Practice notes

Secondary or delegated legislation

Secondary or delegated legislationLegislationThe English legal system is based upon two primary sources of law:•legislation, and•case law, or common...

19th May

Practice notes

Parliamentary supremacy the enrolled bill rule

Parliamentary supremacy the enrolled bill ruleIt is not possible to successfully argue that an Act of Parliament is invalid because of flaws, or even...

Produced in partnership with Carl Gardner 19th May

Practice notes

Introduction to retained EU law

Introduction to retained EU lawThis Practice Note provides an introduction to retained EU law. It provides an overview of the key definitions and...

Produced in partnership with Dr. Kieran Laird of Gowling WLG 19th May

Brexit

Practice notes

Parliamentary privilege and the Bill of Rights 1688

Parliamentary privilege and the Bill of Rights 1688Arguably the most significant of these ‘statutory’ aspects of parliamentary privilege is freedom of...

Produced in partnership with Carl Gardner 19th May

Practice notes

Sources of constitutional law

Sources of constitutional lawIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered...

Produced in partnership with Carl Gardner 19th May

Practice notes

Pregnancy and maternity discrimination

Pregnancy and maternity discriminationThis Practice Note sets out the law regarding discrimination because of pregnancy, pregnancy-related illness or...

6th Jul

In-house

Practice notes

Transgender and other gender issues

Transgender and other gender issuesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period...

6th Jul

Practice notes

Understanding and improving gender and other pay gaps

Understanding and improving gender and other pay gapsCoronavirus (COVID-19): The enforcement of all gender pay gap reporting deadlines was suspended...

6th Jul

Q&As

Could an employer's policy of only offering fixed-term contracts to applicants who are not entitled to permanently reside in the UK potentially amount to direct or indirect discrimination on the grounds of race?

Could an employer's policy of only offering fixed-term contracts to applicants who are not entitled to permanently reside in the UK potentially amount...

6th Jul

Q&As

Is there any guidance regarding transgender persons in the workplace, especially regarding the provision of toilet facilities?

Is there any guidance regarding transgender persons in the workplace, especially regarding the provision of toilet facilities?There are a small number...

6th Jul

Q&As

If an employer imposes a higher excess for older employees on its company car benefit, on the basis that the insurers themselves impose a higher excess on older drivers (ie the employer is just passing on the costs imposed by the insurer), would this amount to unlawful discrimination on the grounds of age?

If an employer imposes a higher excess for older employees on its company car benefit, on the basis that the insurers themselves impose a higher...

6th Jul

Practice notes

Evidence in disability discrimination claims

Evidence in disability discrimination claimsCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the...

5th Jul

Q&As

What does Brexit mean for the Human Rights Act 1998?

What does Brexit mean for the Human Rights Act 1998? Impact of BrexitBrexit will have no automatic impact on the Human Rights Act 1998 (HRA 1998), or...

Produced in partnership with Alison Meacher of Hardwicke Chambers 28th Jun

Brexit

Practice notes

Age, gender reassignment, race and sex

Age, gender reassignment, race and sexThis Practice Note considers the definitions of the protected characteristics of age, gender reassignment, race...

25th Jun

Practice notes

Gender pay gap reporting

Gender pay gap reportingCoronavirus (COVID-19): The enforcement of all gender pay gap reporting deadlines was suspended for the reporting year...

25th Jun

Practice notes

Religion or belief

Religion or beliefThis Practice Note examines the definitions of ‘religion’ and ‘belief’ for the purposes of having the protected characteristic of...

25th Jun

Q&As

Would equality law allow a public body to establish or support an initiative (eg mentoring scheme) which reserves a limited number of places for individuals with a particular protected characteristic eg disabled persons? Are there any specific or different considerations for public bodies in Wales?

Would equality law allow a public body to establish or support an initiative (eg mentoring scheme) which reserves a limited number of places for...

24th Jun

Practice notes

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

Equality Act 2010—discrimination in the provision of goods, services and facilitiesThis Practice Note summarises the law and provides practical...

Produced in partnership with Annabel Mackay of Baker McKenzie 24th Jun

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?

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...

24th Jun

Q&As

In relation to a voluntary redundancy scheme, would it be lawful, in light of the EAT’s decision in HM Land Registry v Benson, for an employer to exclude employees who are over the age of 55 from the scheme, on the basis that it would be too expensive to make them redundant?

In relation to a voluntary redundancy scheme, would it be lawful, in light of the EAT’s decision in HM Land Registry v Benson, for an employer to...

24th Jun

Q&As

How should the employer deal with an employee’s misconduct (eg in submitting fraudulent expenses claims), where the employee claims to have acted dishonestly because of a disability?

How should the employer deal with an employee’s misconduct (eg in submitting fraudulent expenses claims), where the employee claims to have acted...

24th Jun

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?

Will an employee on maternity leave who has decided to reduce her hours following a redundancy consultation accrue holiday entitlement on her original...

21st Jun

Practice notes

Disability

DisabilityThis Practice Note considers the definition of disability for the purposes of protection from discrimination and other prohibited conduct...

21st Jun

In-house

Q&As