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Browse \ Tags \ Discrimination

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Problems with the Home Office’s Controversial ‘Good Character’ Test

The criterion applied under the 'good character' test regarding immigration has had disastrous effect. However, in 2021 a 'skills-based' immigration vision for all EU entrants into the UK will be implemented, transitioning our system from bad to worse.

11:00, 9th July 2019
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Book Review: 'Eve Was Shamed' by Helen Kennedy QC

Eve was Shamed is the second book by Helen Kennedy QC, a barrister practising at Doughty Street Chambers. It details the various ways the justice system fails women; in the age of #metoo this is an important addition to the conversation.

12:00, 7th December 2018
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The Gay Cake Case: Lee v Ashers Baking Company

For the past four years, fierce debate has surrounded whether a Christian couple could legally refuse to serve a cake adorned with the message 'Support Gay Marriage'. The Supreme Court recently considered whether this was lawful freedom of expression or bigoted discrimination.

11:00, 23rd October 2018
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How the Home Office Misused Anti-Terror Legislation Against Skilled Migrants

Paragraph 322(5) of the Immigration Rules provides the Home Office with a broad power to refuse immigration applications. One of the grounds of refusal is 'undesirable conduct'; recently, the Home Office has misused this ground to target skilled migrants who make minor tax mistakes.

11:00, 17th August 2018
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Exploring the Christian Marginalisation Narrative beyond the Workplace

A previous KCTL article examined how legal decisions in employment law have been used to argue that there exists a narrative of Christian marginalisation. Though that article dismissed those arguments, lawyers must not be overlook the sociological and political forces that also contribute.

11:00, 24th April 2018
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In Defence of Regional Human Rights Bodies

Alongside international documents that set out universal human rights, there exists in several parts of the world regional systems for promoting and protecting human rights. Though these systems have been criticised, they are valuable tools for developing the law that must be celebrated.

11:00, 30th March 2018
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A Christian Marginalisation Narrative? Religious Symbols in the Workplace

Several decisions concerning attempts by Christian employees to manifest their religion at work have prompted concerns of a 'Christian marginalisation narrative' in discrimination law. However, such concerns are unfounded: they stem from attaching undue significance to isolated cases.

12:00, 23rd March 2018
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Fixed-Term Contracts in Football: Foul Play or Fair Game?

The idea of footballers being signed on short-term contracts has been a widely accepted part of the sport. However, in a recent German case, a player challenged the legality of these contracts; if he had been successful, this could have had a revolutionary effect on the beautiful game.

12:00, 9th February 2018
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Should Obesity be Protected as a Disability?

Discrimination law's current definition of what constitutes a disability excludes obese individuals from protection, save where their weight causes them related medical impairments. However, this overlooks that such individuals often suffer social stigmatisation that can also trigger discrimination.

12:00, 30th January 2018
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Gilham v Ministry of Justice: Are Whistleblowing Judges Sufficiently Protected?

The act of whistleblowing can be of vital public importance: when undertaken by judges, it can shed light on practices that are causing manifest injustice. Yesterday's decision by the Court of Appeal represents another episode of one whistleblowing judge's attempts to secure greater protection.

12:00, 22nd December 2017
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Tall Tales: Is it High Time to allow Height Discrimination Claims?

At present, English and EU law can only provide indirectly protect claimants who have been subjected to discrimination on the grounds of their height. But this leaves open the chance of a lacuna in the law arising, as the fact pattern of a case decided by the European Court of Justice illustrates.

12:00, 8th December 2017
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Paid and Displayed: Is the BBC at risk of Discrimination Lawsuits?

The publication of the salaries of the BBC's 96 highest paid stars has shone a light on a major gender pay gap within the corporation. Might these new figures leave it having to fight off pay discrimination lawsuits?

11:00, 21st July 2017
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X v Ofsted: Testing the Law on Gender Discrimination in Schools

A case from late 2016 tested the law on discrimination in a novel way, by asking whether the segregation of pupils was a violation of the Equality Act 2010. Indeed, the decision sheds light on the important role that society's new ideas about discrimination might have in the future.

12:00, 17th January 2017
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Much Ado about Muffins? Supporting Gay Marriage is not a Piece of Cake

A Christian bakery in Northern Ireland made the headlines last year, having had a successful discrimination case brought against it for refusing to bake a cake supporting gay marriage. However, the judgment had a number of important flaws in the reasoning, which makes the case a dangerous precedent.

11:00, 8th June 2016
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