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Website updates July to August 2024

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Last updated 16th July, 2024.

Pipe v Coventry University

In Pipe v Coventry University, the claimant’s disabilities made it difficult for him to get a PhD. The university required candidates for promotion to be on a pathway to a PhD or equivalent. It also required there to be a business case for the role. The claimant’s disability discrimination claims failed, because there was no business need in the relevant years, so that even without the PhD requirement he would not have been promoted. This was a Court of Appeal decision.

There are, however, Employment Appeal Tribunal (EAT) decisions – not considered in Pipe – which seem to say that a reason arising from the disability can have a significant influence (so that s.15 applies) even if the unfavourable treatment would have happened without it. As regards whether Pipe affects this, I’ve updated Discrimination arising from disability>If unfavourable treatment would have happened even without the something arising from the disability?

Cases which arose pre-Brexit

In Lipton v BA Cityflier, July 2024, a majority of the Supreme Court considered that even for claims which arose before Brexit, higher courts in Britain are not necessarily bound to follow EU court decisions. Link: Accrued EU Law rights take off in the Supreme Court (eurelationslaw.com), 16/7/23.

I’m still in the course of updating Brexit: Effect of EU law when interpreting Equality Act, from 2024.

20th anniversary of stammeringlaw, 1999-2019