England and Wales Case Law

BHO, R (on the application of) v Secretary of State for Health and Social Care & Anor

The grant of new residence status under Article 18.1 WA confers Title II Part 2 WA rights prospectively, not retrospectively; Late Beneficiaries' pre-application residence is not rendered lawful under the WA. The indirect discrimination in NHS charging is justified by the legitimate aim of promoting and ensuring the integrity of the UK's constitutive scheme under Article 18.1 WA.

Source excerpt

• Withdrawal agreement
• Nhs charging regulations
• Equal treatment
• Indirect discrimination
• Constitutive vs declaratory schemes
• Retrospective effect

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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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Gemma Dobson v North Cumbria Integrated Care NHS Foundation Trust

The EAT dismissed an appeal in a sex discrimination and unfair dismissal case, holding that the tribunal properly assessed PCP justification and could weigh the claimant’s own hardship and responses.

• Indirect discrimination
• Sex discrimination
• Unfair dismissal
• Justification of pcp
• Flexible working
• Childcare disparity

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BYL & Anor, R (On the Application Of) v Chancellor of the Exchequer

BYL & Anor, R (On the Application Of) v Chancellor of the Exchequer [2026] EWCA Civ 170 (27 February 2026)

The Court of Appeal dismissed challenges to VAT on private school fees, holding the measure proportionate and objectively justified despite impacts on low-cost faith schools.

• Article 14 echr (prohibition of discrimination)
• Article 2 protocol 1 echr (right to education)
• Article 1 protocol 1 echr (right to property)
• Value added tax (vat)
• Finance act 2025
• Religious freedom

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X v The Chief Constable of Gwent Police & Anor

The respondent's placement of the claimant on restricted duties and intrusive questioning were acts of direct disability discrimination, harassment, and unfavourable treatment arising from disability, not justified by any legitimate aim or proportionate means. The respondent failed to conduct a proper risk assessment, relied on stigma and misconceptions about HIV, and did not consider less restrictive alternatives. The conduct caused significant injury to feelings and was aggravated by the respondent's disclosure of the claimant's diagnosis without consent.

Source excerpt

• Disability discrimination
• Direct discrimination
• Indirect discrimination
• Harassment
• Discrimination arising from disability
• Remedies in discrimination cases

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Rubery v Ministry of Defence

Rubery v Ministry of Defence [2026] EWCA Civ 8 (15 January 2026)

Court of Appeal dismissed Mrs Rubery’s appeal over Employment Tribunal jurisdiction in a service-complaints discrimination case, holding section 121 of the Equality Act 2010 was not incompatible with Articles 6 and 14.

• Jurisdiction of employment tribunal
• Indirect discrimination
• Victimisation
• Interpretation of equality act 2010
• Compatibility with echr
• Service complaints procedure

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Anne-Bernadette Rubery v Ministry of Defence

The Court of Appeal held that section 121 of the Equality Act 2010 was not incompatible with Convention rights and that the ET could not rewrite it to restore jurisdiction.

• Jurisdiction of employment tribunal
• Indirect discrimination
• Victimisation
• Compatibility with convention rights
• Interpretation of equality act 2010
• Service complaints procedure

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Migrants’ Rights Network, R (on the application of) v Secretary Of State for the Home Department

The Administrative Court refused permission for judicial review of the Home Secretary’s intensified immigration enforcement policy targeting specific sectors.

• Judicial review of government policy
• Indirect discrimination
• Equality act 2010
• Immigration enforcement
• Proportionality
• Equality impact assessment

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Migrants' Rights Network, R (On the Application Of) v Secretary of State for the Home Department

Migrants' Rights Network, R (On the Application Of) v Secretary of State for the Home Department [2026] EWHC 39 (Admin) (13 January 2026)

The High Court refused permission for judicial review of immigration enforcement raids targeting selected sectors, finding no arguable equality-duty or indirect-discrimination claim.

• Indirect discrimination
• Equality impact assessment
• Proportionality
• Immigration enforcement
• Protected characteristics
• Judicial-review

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F Djalo v Secretary of State for Justice

Section 41 Equality Act 2010 does not permit a contract worker to bring a race discrimination claim against a principal regarding pay disparity with directly employed staff, even where the principal has a contractual power to uplift pay; the claim concerns rights under the employer-worker contract, not the principal-worker relationship. The single source principle does not apply in this context. The claim does not meet the requirements for indirect discrimination under section 19 EqA. Article 14 ECHR does not require a different interpretation, as there is no relevant mismatch and the circums…

Source excerpt

• Indirect discrimination
• Contract workers
• Race discrimination
• Equal pay
• Single source principle
• Article 14 echr

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