- What I mean by Equality Act compliance? At first glance, it appears obvious. It is creating policy and making decisions consistent with existing legal understanding of what the Equality Act says and requires of your organisation. So, possibly, it is easier to identify what I do not mean by this. I do not mean Diversity, Equality (Equity), and Inclusion (“DEI”) or EDI or E… Read more: What I mean by Equality Act compliance?
- Can “Diversity, Equality and Inclusion” lead to unlawful discrimination?As a specialist equality lawyer, I have worked adjacent to the Diversity, Equality (or Equity) and Inclusion (“DEI”) industry for over 20 years without really being part of it. An observer rather than a practitioner. By “DEI industry” I am referring to those whose work, whether in-house or as a service provider, has a significant… Read more: Can “Diversity, Equality and Inclusion” lead to unlawful discrimination?
- Would I have been able to make it?If I were starting out in the legal profession today, with the disabilities I have now, would I still have had a successful career? As she stands down from leading Suffolk Law Centre, discrimination solicitor Audrey Ludwig reflects on whether things have got better for disabled employees. I am a 58-year-old solicitor and director of… Read more: Would I have been able to make it?
- Red tape or essential protection? Third party harassment revisitedThe Worker Protection (Amendment of Equality Act 2010) Bill currently proceeding through Parliament and predicted to become law in 2024, raises some subtle questions about the relationship between protection from harassment and freedom of speech. When the Equality Act 2010 was passed, it included provisions outlawing third party harassment and providing a legal claim against an… Read more: Red tape or essential protection? Third party harassment revisited
- But is it cricket? Giving women a sporting chanceLia Thomas, a swimmer, born male, is now routinely winning women’s swimming races in the United States. Soon we are bound to see a similar situation in the UK. Do the female athletes who lose team medals and opportunities in these situations have any legal recourse? I think they may have. I’m going to consider… Read more: But is it cricket? Giving women a sporting chance
- How to reconcile the seemingly irreconcilableI am going to try to explore how to reconcile two seemingly irreconcilable principles using an old pre Equality Act (EA) case, largely forgotten except for nerdy enthusiasts like me and many of you. The two seemingly irreconcilable principles are Against that So how to reconcile this? Well, the 2008 case of Shah and Kaur… Read more: How to reconcile the seemingly irreconcilable
- “You say objective, I say subjective”, what is the legal test? A blog about harassment and protected beliefsBefore and after the recent Forstater v CGD (2021) case, there was a torrent of speculative commentary about what this meant both for trans people and gender critical people when it came to harassment under section 26 Equality Act 2010. On 27 April 2021, barrister Robin Moira White wrote in the Independent: “It will mean,… Read more: “You say objective, I say subjective”, what is the legal test? A blog about harassment and protected beliefs
- To boldly go—why “going beyond the law” risks unlawful discriminationRecently I have been seeing a common thread amongst equality activists. The idea of “going beyond the law”. The implication is we can do more, be bolder and more generous to improve the lot of a particular minority. An activist’s dream. It also suggests the law is outdated and we shouldn’t wait for Parliament to recognise… Read more: To boldly go—why “going beyond the law” risks unlawful discrimination
- Discrimination: only unlawful if it is unlawfulDiscrimination is only unlawful if it is unlawful (or why mantras cannot be relied upon when it comes to legal advice) My title feels like a bit of an obvious statement—but spend any time on current debates and it becomes a useful reminder. Discrimination is a word that has shifted in popular meaning. It relates… Read more: Discrimination: only unlawful if it is unlawful
- Making policies Equality Act compliantIntroduction How do public bodies (e.g. DWP, schools), private bodies (e.g. Tesco, British Airways) and charities (e.g. Oxfam, RSPCA) write policy whilst avoiding unlawfully discriminating against someone? How can they make an environment supportive of one group without inadvertently making it worse for another? How can they use “inclusive” language without, in the process, confusing… Read more: Making policies Equality Act compliant
- Legally this is not a “trans rights issue” it’s a “sex rights issue”. A blog about boxesThe discussion on reform of the GRA isn’t about protection from discrimination—it’s about who comes within the classes of ‘men’ and ‘women in the Equality Act 2010. The way the issue is portrayed by lobbyists, most politicians, many corporates and the media, is legally wrong. The “trans rights debate”, in terms of equality law, isn’t… Read more: Legally this is not a “trans rights issue” it’s a “sex rights issue”. A blog about boxes