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Denial of UK State Pension to Transgender Pensioner Constitutes Direct Sex Discrimination

Denial of UK State Pension to male-to-female trans pensioner without a Gender Recognition Certificate constitutes direct sex discrimination contrary to EU Directive 79/7. In MB v Secretary of State for Work & Pensions , Advocate General Bobek considers that the requirement for a trans pensioner to be unmarried in order to qualify for a state pe...
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Time Limits under the Human Rights Act 1998: what is a “course of conduct”?

Anna Beale discusses the Supreme Court’s interpretation of the time limit provisions contained in the Human Rights Act 1998 in O’Connor v Bar Standards Board [2017] UKSC 78 The Statutory Provisions As will be known to most readers, the Human Rights Act 1998 (‘HRA 1998’) provides, in section 7(5)(a), that any proceedings brought against a public aut...
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Tom Brown acts for successful trade union in £1m collective consultation claim

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An Industrial Tribunal in Belfast has upheld a £1m claim that Ulster University failed to consult about collective redundancies, following a two-week trial. The Tribunal accepted Tom’s submissions that there had been a serious failure to consult, and that management had actively misled union officials by not revealing how advanced the proposals to ...
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Essop & Naeem in the Supreme Court: giving answers and provoking new questions in indirect discrimination

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The death of holiday pay has been greatly exaggerated, but has the King slain Bear Scotland?

Caspar Glyn QC considers the decision of C‑214/16 King v The Sash Windows Workshop Limited which was handed down today. Summary The Court of Justice of the European Union has been saying, in its judgments over the past 11 years again and again and, yes, again that the right to paid holiday is a central European right that can’t be interpreted restr...
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