Home » Website updates September to October 2019

Website updates September to October 2019

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This page does not apply outside Great Britain.
Last updated 30th October 2019.

EU (Withdrawal Agreement) Bill, and election

Brexit page updated for these: See Brexit>Where we are.

Leaving EU membership (exit day) has now been postponed to 31st January 2020, or earlier if the Withdrawal Agreement is ratified in 2019.

Under the Withdrawal Agreement Bill, now pulled from Parliament, broadly European Union law would continue to apply in the UK until the end of the implementation period, say 31st December 2020. After the end of that period, called the “IP completion day”, EU-related law including the Equality Act would continue to apply but could largely be amended by Parliament without being bound by EU law – subject to any future UK-EU agreement.

However it seems Northern Ireland would still be bound by the current EU directive on disability discrimination.

Early conciliation

Early conciliation page updated generally, and also noted that similar scheme to be introduced in Northern Ireland from January 2020.

Voice risk analysis

Voice risk analysis page updated. Voice risk analysis (“lie detector” or “VRA”) technology is sometimes used in telephone calls on insurance claims, and by some local authorities. VRA aims to spot people who are more likely to be giving false information. This may unfairly disadvantage people who stammer.

EU directives outside of employment

Update of EU directives on discrimination by service providers and in education – for European Accessibility Act passed in 2019, and proposal for wider Equality Treatment Directive (e.g. on provision of services and education) whose progress has stalled.

Discrimination by association

Discrimination by association page updated, including for discrimination by association being extended to indirect discrimination and perhaps to victimisation. Also some related pages created or updated:

EU Framework Employment Directive

EU Framework Employment Directive page partially updated, including:

European court reference on right to substitute

Under British legislation a right to substitute someone else to do one’s work (unless sufficiently limited) is likely to mean one is not within the employment provisions of the Equality Act.

The Watford Employment Tribunal is referring a case to the EU Court of Justice which may decide whether this is compatible with European law: Employees, workers and beyond>Yodel case: European Court reference.

‘Stammering pride and prejudice’: article

Link to The origins of stammering pride and prejudice (stamma.org), by co-editor Patrick Campbell, about the origins of the new book to be launched on Friday 27th September.

Victimisation

Some updates to the victimisation page. Victimisation is broadly where a person is ‘punished’ in some way for making a claim under the Equality Act, or for doing some other protected act.

University

Link to a student’s experience in Don’t be afraid of the student disability service (stamma.org), 2019, and a further article on student disability services Do not ride your uni education, steer it (stamma.org), 2019. Linked from Resolving issues at university or FE college.

Harassment of employees

Harassment of employees page updated to include:

Compensation: impact on individual

Short note added on EAT decision in Komeng v Creative Support (bailii.org), 2019. In deciding the compensation for injury to feelings, the employment tribunal should focus on the impact of the discrimination on the individual concerned rather than the gravity of the acts. We are all different. See Remedies in employment disputes>Injury to feelings: the ‘Vento bands’.

20th anniversary of stammeringlaw, 1999-2019