Regulations to retain some EU case law
The government has published a draft of regulations which would preserve the effect of some EU case law after the end of 2023, particularly on the meaning of “disability”, and who can claim indirect discrimination.
Main discussion and updates:
- Retained EU Law Act 2023>Draft Equality Act 2010 (Amendment) Regulations 2023
- Specifically on who can claim indirect discrimination: Indirect discrimination>S.19A: Indirect discrimination “by association”, and Discrimination by association.
Adjustments in health services
Court misperceiving effects of disability as dishonesty
Very brief update note added to Appearing in court about Habib v Dave Whelan Sports (bailii.org), August 2023, Employment Appeal Tribunal. The EAT overturned an employment tribunal decision which (broadly) found evidence of the claimant not to be credible, for reasons relating to her dyslexia, but failed to take account of the Equal Treatment Bench Book. The case would need to start afresh.
Appeal on universites’ duties
In December 2023, the High Court is to hear an appeal in an important case on EqA obligations of universities: Abrahart v University of Bristol: oral assessments led to suicide>Appeal.
In this tragic case, a physics student with depression and social anxiety disorder committed suicide when the university wanted her to be part of a group giving an oral conference presentation. The County Court held the university to be in breach of the Equality Act.
Criminal justice article
Links added to Stammering and the criminal justice system (stamma.org), 2022, from Appearing in court, and Police.
New EHRC website
Guidance and Codes of Practice: Equality Act 2010 updated for altered links to new EHRC website.
- Previous updates Website updates September to October 2023.