Discrimination

Employers are entitled to ban the Islamic headscarf in the workplace

Case C-157/15 and Case C – 188/15

The Court of Justice of the European Union (CJEU) held that employers are entitled to ban religious symbols in the workplace, including the Islamic headscarf.

Tags
Discrimination, Employment Law

Supreme Court rules that bus company must accommodate wheelchair users by taking reasonable action

FirstGroup Plc v Paulley [2017] UKSC 4

The Supreme Court unanimously found that a bus company’s policy requiring a driver to request that a non-wheelchair user vacate a space without taking any further steps was unjustified.

Tags
Disability, Discrimination

NI Attorney-General cannot refer Ashers case to the Supreme Court

Gareth Lee v Colin McArthur, Karen McArthur and Ashers Baking Company Ltd [2016] NICA 55

In our October Update, we reported that on 24th October 2016, the Court of Appeal found that Ashers Baking Company had directly discriminated against the respondent on grounds of sexual orientation, and religious and political belief, by refusing to fulfil his order for a cake in support of marriage equality.

Tags
Discrimination, LGBT

Court of Appeal rules that Ashers Bakery directly discriminated on grounds of sexual orientation

Lee v McArthur and Ashers Baking Co. Ltd (Court of Appeal)

On 24th October 2016, the Court of Appeal found that Ashers Baking Company had directly discriminated against the respondent on grounds of sexual orientation, and religious and political belief, by refusing to fulfil his order for a cake in support of marriage equality.

Tags
Discrimination, LGBT

Law prohibits cohabitee from claiming bereavement damages under Fatal Accidents Act

Smith v Lancashire Teaching Hospitals NHS Trust [2016] EWHC 2208

The High Court found that while the Fatal Accidents Act 1976 prevented unmarried couples from claiming an entitlement to bereavement damages, the right to privacy and family life under the Convention was not engaged.  The Court indicated that it hoped the outcome of this case would provoke further discussion in Parliament about possible reform of the law.

Tags
Discrimination, ECHR Art. 8

European Court finds that British Gurka pension scheme is not discriminatory

British Gurkha Welfare Society and others v The United Kingdom, Application No. 44818/11

The European Court of Human Rights has ruled that while Gurkha pension entitlements are less than those of other soldiers in the British Army, it made no finding of unlawful discrimination.  The applicants were two former Gurkha soldiers and the British Gurkha Welfare Society (BGWS).

Tags
Discrimination, Pensions

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