England and Wales Case Law

OAJ & Ors, R (on the application of) v His Majesty's Treasury & Anor

Permission for judicial review is refused because the eligibility criteria for statutory childcare schemes are within statutory powers, discrimination is objectively justified, the criteria are rational, and the public sector equality duty was adequately discharged or subsequently remedied, with no substantial likelihood of a different outcome.

Source excerpt

• Judicial review
• Statutory interpretation
• Discrimination
• Public sector equality duty
• Immigration control
• Childcare eligibility

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Next Retail Ltd v M Thandi & Ors

Employer equal pay appeal partly succeeded: the EAT upheld most findings on particular disadvantage and direct discrimination, but overturned the basic pay justification analysis.

• Equal pay
• Material factor defence
• Direct discrimination
• Indirect discrimination
• Particular disadvantage
• Proportionality

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Blackpool Borough Council v Alice Ester Beale & Ors

The High Court granted a permanent planning injunction against the named defendants, but refused to continue it against persons unknown.

• Breach of planning control
• Section 187b tcpa 1990 injunction
• Romani gypsy / traveller accommodation
• Public sector equality duty
• Article 8 proportionality
• Persons unknown injunction

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PZP, R (on the application of) v HS Academy Trust & Anor

Both claims fail because the IRP made PZP's family aware of their right to adjourn for SEN expert, and the family voluntarily, knowingly waived it; IRP's recommendation for GDP reconsideration, though lacking explanation, was not materially irrational given subsequent GDP reconsideration; STW's claim fails as no evidence established X's involvement in prior incident, IRP's error on protected characteristic was immaterial, and equalities duties were substantively considered throughout the process.

Source excerpt

• Permanent exclusion
• Special educational needs
• Procedural fairness
• Public sector equality duty
• Racial discrimination
• Judicial review standards

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Tesco Stores Ltd v Element & Ors

Tesco Stores Ltd v Element & Ors [2026] EWCA Civ 580 (12 May 2026)

Court of Appeal decision in an equal pay dispute about the meaning of “work” under the Equality Act 2010 and the proper scope of EAT appeals.

• Equal pay
• Sex discrimination
• Employment tribunal procedure
• Remittal of cases
• Interpretation of 'work' under equality act 2010
• Equal-pay

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Tesco Stores Limited v K Element & Ors

Court of Appeal in an equal pay appeal held that training materials could be primary evidence of job content in this highly regulated, generic workplace, but agreed facts could not be disregarded.

• Equal pay
• Sex discrimination
• Employment tribunal procedure
• Statutory interpretation
• Equal-pay
• Equality-act-2010

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Michele Robinson v Michael Harris & Ors

The EAT dismissed a barrister’s appeal against rejection of discrimination, harassment and victimisation claims, holding section 47 was correctly applied.

• Discrimination
• Harassment
• Victimisation
• Self-employed barrister
• Jurisdictional gateway
• Equality-act-2010

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L & Anor v Ministry of Defence

It is not possible to interpret paragraph 4(3) of Schedule 9 or section 108 of the Equality Act 2010 so as to confer disability discrimination rights on current or former armed forces personnel. Such an interpretation would contradict the clear statutory language and longstanding legislative policy, and would amount to amendment rather than interpretation. The appeals are therefore dismissed.

Source excerpt

• Disability discrimination
• Interpretation of statutes
• Armed forces exception
• Article 14 echr
• Section 3 human rights act 1998

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Mohammed Rashad v The Chief Constable of Cleveland Police

The EAT dismissed an appeal against refusal to extend time for a victimisation claim, holding the tribunal lawfully weighed delay, evidential prejudice and reputational risk.

• Victimisation
• Limitation
• Extension of time
• Forensic prejudice
• Reputational damage
• Extension-of-time

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Darron Foat v Department of Work and Pensions

The EAT dismissed the appeal on ACAS uplift, PIP deduction, contingencies, and bonus, but allowed the cross-appeal on the future loss multiplicand.

• Disability discrimination
• Constructive unfair dismissal
• Compensation assessment
• Deduction of state benefits
• Acas code uplift
• Disability-discrimination

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