The Latest from Cloisters

News, Publications, Policies, Events and Blogs

“No DSS”: Can landlords and letting agents lawfully bar benefits tenants?

Rachel-Crasnow
Private landlords and letting agents frequently advertise their properties stating that they will not rent to housing benefit tenants (for some outdated reason, still often referred to as “DSS” tenants). This causes real difficulties to such tenants whose housing choices are restricted. In this blog, Rachel Crasnow QC considers the legality of such...
Continue reading

Algorithms, apps & artificial intelligence 2: Can data protection laws be used to challenge discriminatory tech?

Phone
New paper from Cloisters’ Robin Allen QC and Dee Masters examining discriminatory technology. In our first piece , which we initially published in November 2017, we explored the interplay between technology and the Equality Act 2010 (‘ EA 2010 ’) concluding that algorithms, apps and artificial intelligence (‘ AI ’) have the potential to give rise t...
Continue reading

Acas early conciliation effect on tribunal time limits and the decision of Luton BC v Haque EAT/0180/17/JOJ

Navid-Pourghazi
Navid Pourghazi   considers today’s judgment by the Employment Appeal Tribunal (EAT) in Luton BC v Haque , which concerned how the ACAS early conciliation provisions affect Tribunal time limits, and summarises the simple approach to take in calculating time limits following the most recent case law, drawing from submissions made by the appella...
Continue reading

Constructive knowledge of disability: Donelien v Liberata UK Ltd [2018] EWCA Civ 129

In this blog Nathaniel Caiden considers yesterday’s judgment by the Court of Appeal that concerned constructive knowledge of disability - Donelien v Liberata UK Ltd [2018] EWCA Civ 129 (in which Tom Brown appeared throughout for the successful party). HR professionals, employers, lawyers and courts all have to deal with the sometimes fraught questi...
Continue reading

Paulley: An everyday step?

Paulley:  An everyday step?
Catherine Casserley , junior counsel in the case, and Sally Robertson consider the implications of the Supreme Court decision in Paulley v First Group . On 24 February 2012, Doug Paulley tried to do something most of us would not think twice about. He went to catch a bus. He wanted to get from Wetherby to Leeds to catch a train. The single wheelcha...
Continue reading

Catherine Casserley to speak on 'Using the Equality Act 2010 to improve access to public transport'

Catherine Casserley to speak on 'Using the Equality Act 2010 to improve access to public transport'
On the 23 rd February Catherine Casserley will present on the topic of using the Equality Act 2010 to improve access to public transport. She will be joined by Joanna Owen and Mark Stone from Equality and Human Rights Commissions and Transport for All. Catherine Casserley represented Doug Paulley in this case at the Supreme Court. Date: 23 February...
Continue reading

Supreme Court hands down landmark disability decision in Paulley v FirstGroup plc

Supreme Court hands down landmark disability decision in Paulley v FirstGroup plc
Today, the Supreme Court handed down its landmark decision in Paulley v FirstGroup plc as a result of which bus companies must do more to give priority spaces to travelling wheelchair users. Robin Allen QC and Catherine Casserley represented Mr Paulley, instructed by Unity Law, and funded by the Equality and Human Rights Commission. The case was he...
Continue reading

Schona Jolly to speak at Oxford University Moot and Panel Discussion on ‘Disabled People and Employment: rights protection, career progression and fulfilling potential’

Schona Jolly to speak at Oxford University Moot and Panel Discussion on ‘Disabled People and Employment: rights protection, career progression and fulfilling potential’
On 5 November 2016, Schona Jolly will be speaking at the Oxford University Moot and Panel Discussion on ‘Disabled People and Employment: rights protection, career progression and fulfilling potential’. Schona was counsel in X v Governing Body of a School [2015] UKUT 0007 (AAC), [2015] ELR 133 in which the Upper Tribunal was invited to consider, and...
Continue reading

Times are changing - Gender Pay Gap Regulations

Times are changing - Gender Pay Gap Regulations
Forty-six years since the Equal Pay Act 1970, the gender pay gap persists despite years of litigation. The impending regulations have come at an important time, says Daphne Romney QC who has written a full article on this in the October 2016 edition of Counsel. This can be accessed here .

Challenging stereotypical assumptions: age discrimination and student loans

Challenging stereotypical assumptions: age discrimination and student loans
by Dee Masters The Court of Session has recently handed down a decision which highlights the importance of public bodies reassessing assumptions concerning older people so as to ensure that they are not acting in a way which is discriminatory. In Scotland, student loans, which cover living expenses during periods of study, are only available to peo...
Continue reading

Cloisters sponsors conference to discuss the ‘Lords Report on Disability and the Equality Act: Turning Recommendations into Reality’

Cloisters sponsors conference to discuss the ‘Lords Report on Disability and the Equality Act: Turning Recommendations into Reality’
Cloisters is proud to co-sponsor the conference to discuss the ‘ Lords Report on Disability and the Equality Act:Turning Recommendations into Reality ’ on 27 April 2016 at the Max Nasatyr Room, Third Floor Suite, Coin Street Neighbourhood Centre, 108 Stamford Street, South Bank, London, SE1 9NH. This timely event, co-organised by Catherin...
Continue reading

House of Lords Select Committee condemns Equality Act’s failures to secure equality for disabled people

House of Lords Select Committee condemns Equality Act’s failures to secure equality for disabled people
On 24 March 2016, the House of Lords’ Select Committee published its report on the Equality Act 2010 and Disability entitled “The Equality Act 2010: the impact on disabled people” . Catherine Casserley acted as the Select Committee’s specialist adviser for the Report. She has appeared in a number of the cases referred to in the Report and obtained ...
Continue reading

No childcare vouchers during maternity leave: upping the pressure during early months

No childcare vouchers during maternity leave: upping the pressure during early months
Rachel Crasnow QC considers the recent judgment of the EAT in Peninsula Business Services v Donaldson (handed down on 9 March 2016) Is it discriminatory to discontinue childcare vouchers during maternity leave? No, held the EAT in Peninsula Business Services v Donaldson , deciding that childcare vouchers amounted to “remuneration” and that it was n...
Continue reading

The Court of Appeal in Griffiths: Malcolm comparison 'inapt' for reasonable adjustment cases

The Court of Appeal in Griffiths: Malcolm comparison 'inapt' for reasonable adjustment cases
In the disability discrimination decision of Griffiths v Secretary of State for Work and Pensions , the Court of Appeal provides helpful guidance on the proper comparator in reasonable adjustments cases. Rachel Crasnow QC and Sarah Fraser Butlin suggest that the Court’s conclusion – that the comparator is not akin to that in Malcolm – mus...
Continue reading

Goods, facilities and services: Age discrimination problems arise in unexpected places

Goods, facilities and services: Age discrimination problems arise in unexpected places
By Dee Masters and Siân McKinley Overview There has been a ban on age discrimination in goods, facilities and services in Great Britain since 1 October 2012 but very little litigation or publicity.  However, age discrimination problems can arise in some unexpected but common areas.  It seems likely that service providers have been lulled ...
Continue reading

Declan O'Dempsey to chair panel of experts at Annual Human Rights Conference

Declan O'Dempsey to chair panel of experts at Annual Human Rights Conference
Declan O’Dempsey is chairing a panel of equality experts at the 17 th Annual Human Rights Law Conference (2015) at Church House London.  The 17th annual conference will examine a broad range of topical human rights issues, and key legal experts will interpret and discuss recent case law and legislative developments. Declan will be delivering a...
Continue reading

Rachel Crasnow QC reports on evidence given to the House of Lords Select Committee on the Equality Act 2010 and Disability

Rachel Crasnow QC reports on evidence given to the House of Lords Select Committee on the Equality Act 2010 and Disability
Last Tuesday Rachel Crasnow QC gave evidence to the House of Lords Select Committee on the Equality Act 2010 and Disability on behalf of the Bar Council. She along with other organisations, such as The Law Society, The Discrimination Law Association and The Law Centres Network, were asked their views on how well the Equality Act 2010 is being enfor...
Continue reading

When is a religious or political belief appropriate?

When is a religious or political belief appropriate?
Employment Appeal Tribunal to consider when a manifestation of a religious or political belief is appropriate   Cloister’s barristers, Ed Williams and Sarah Fraser Butlin , are instructed in the case of GMB v Henderson which will be of fundamental importance to all discrimination lawyers. Keith Henderson was employed as a regional organiser in...
Continue reading

Rachel Crasnow to talk on pregnancy and maternity leave issues to the Employment Lawyers Group NI

Rachel Crasnow to talk on pregnancy and maternity leave issues to the Employment Lawyers Group NI
  Cloisters barrister, Rachel Crasnow, is to speak on pregnancy and maternity rights at the Employment Lawyers Group NI seminar in Belfast on 11 February 2015. The venue: Old Bar Library, Royal Courts of Justice, Belfast. Time: 1pm – 2pm (arrival at 12.30pm for 1pm start). To register for this seminar go to:   ELG Employment Lawyers ...
Continue reading

Women on the front line

Women on the front line

by Andrew Buchan

 Ground Close Combat  (GCC) roles are ‘those roles that are primarily intended and designed with the purpose of requiring individuals on the ground, to close with and kill the enemy’.

Continue reading

First case in EAT to consider caste-based discrimination

First case in EAT to consider caste-based discrimination

The EAT has today handed down judgment in the case of Chandhok v Tirkey.

This the first case in the EAT to consider caste-based discrimination. A link to the judgment can be found here. and a link to our previous post summarising the arguments in the appeal can be found here.

Continue reading

Jason Galbraith-Marten QC to speak at the EU Gender Equality Law seminar 23 February 2015

Jason Galbraith-Marten QC to speak at the EU Gender Equality Law seminar 23 February 2015

Cloisters barrister Jason Galbraith-Marten QC joins the panel of eminent speakers at the seminar commissioned by the European Union’s Programme for Employment and Social Solidarity – Progress (2007-2013) in Germany on 23 February 2015 at the ERA Conference Centre, Metzer Allee 4, Trier.

The seminar will provide participants with an overview of the EU gender equality legislation as interpreted by the Court of Justice of the EU in its large case on this topic.

Continue reading

When is it time to stop judging? Age Discrimination and the Judiciary

by Tamar Burton

Continue reading

Reasonable adjustments and comparators - why simple is not necessarily right

You have a claim for breach of the duty to make reasonable adjustments? Well, that’s simple isn’t it? No, not at all. Sarah Fraser Butlin and Rachel Crasnow explore the issues in reasonable adjustments claims and particularly the difficult comparator point which is raising its ugly head again. Very often when we are considering a claim for breach o...
Continue reading

Robin Allen QC comments on BBC footage of firms’ failure to provide disability access

Robin Allen QC , Cloisters head of Chambers and a leading expert in equality law was asked for his expert opinion on BBC London ‘Inside Out ‘ investigation footage that showed a large number of  high street chains still seen to be failing to accommodate people with disabilities. Two BBC researchers, one blind with a guide dog and one wheelchai...
Continue reading

Proving and Disproving Discrimination by Ed Williams and Tom Coghlin

Is there a conflict with Judicial pragmatism and what statute actually says? Introduction This talk looks at the legal and practical tools available to employment lawyers to prove or disprove direct discrimination and harassment, exploring in particular three areas: a)How judges apply the burden of proof s136(2)(3) EA 2010. b) What is the role of C...
Continue reading

Catherine Casserley, Rachel Crasnow, Tom Brown and Robin Allen QC have contributed to Blackstone's Guide to the Equality Act 2010

Catherine Casserley, Rachel Crasnow, Tom Brown and Robin Allen QC have contributed to Blackstone's Guide to the Equality Act 2010
Catherine Casserley, Rachel Crasnow, Tom Brown and Robin Allen QC have contributed to Blackstone's Guide to the Equality Act 2010

Cloisters' briefing series on key implications of the Equality Act 2010

Cloisters' briefing series on key implications of  the Equality Act 2010
Cloisters' briefing series on key implications of  the Equality Act 2010