Retained EU law Bill: changes affecting EqA
A Bill published in September 2022 would alter the position of EU law and EU Court decisions in Britain. It may well reduce Equality Act protection in some areas, particularly from 1st Jan 2024. More: Retained EU Law Bill.
In connection with that, EU Framework Employment Directive also reviewed.
Video of STAMMA zoom session for students who stammer
Links to Stammering & university video (stamma.org) added – video of an online session giving guidance and tips on stammering at university. 20th September 2022.
Schools
Partial updates of:
Guide for universities on stammering
Minor updates to Guide for universities on stammering for August 2022 revisions to this 2021 guide.
Examples of jobs
Added to Examples of jobs done by people who stammer/ stutter:
- Surviving with a stammer when working at McDonald’s (stamma.org), Oct 2022
- Pepperdine Law Dean on why his stutter didn’t keep him from his calling (law.com, free registation needed), Sept 2022.
Review of Marleasing principle
This is the principle under which, even if the wording of the Equality Act clearly does not comply with the EU Framework Employment Directive, UK courts and tribunals can rewrite the Act so that it complies, subject to limitations. The principle may be revoked from the end of 2023, by the Retained EU law Bill.
I’ve particularly reviewed the possible technical reasons why the Marleasing principle continues at present, and more generally on this principle:
- EU Framework Employment Directive>Marleasing principle: interpreting Equality Act to comply with Directive and
- Effect of EU law when interpreting Equality Act from 2021>Marleasing principle: interpreting the Equality Act to conform with the directive.
Direct effect of directives post-Brexit
Update of Brexit: Effect of EU law when interpreting Equality Act from 2021>Technical note: Direct effect, in the light of blog post When do directives form part of Retained EU Law? Case comment (eurelationslaw.com), and the High Court decision in Harris.
Claims by police officers
Added Employee, workers and beyond>Claims by police officers, including 2017 Supreme Court decision in P v Commissioner of Police of the Metropolis which re-interpreted Equality Act under the Marleasing principle to facilitate employment tribunal claims against acts of police misconduct panels.
Previous updates Website updates July to August 2022.
