Combating Discrimination on Race & Ethnic Origin

1. Good practices to combat discrimination on the grounds of race and ethnic origin 10.11.2016 01

2. Welcome Lindsey Reynolds, senior solicitor, Equality and Human Rights Commission, GB 10.11.2016 02

3. 03 What we will cover … • Introduction to the Equality and Human Rights Commission • Introduction to our legal powers • Our litigation strategy • Our strategic priorities relevant for race/ ethnicity discrimination • Examples of our past and present cases relevant for race/ ethnicity discrimination

4. 04 Introduction to the EHRC

5. 05 What we do: • Promote and enforce compliance with discrimination law • Protect and promote human rights • Examples of our work • Provide guidance • Carry out inquiries and take enforcement action • Support strategic legal cases and interventions

6. 6 Our powers - how can we can help? • Advisors / solicitors • Strategic casework • Second-tier advice • Funding cases • Own-name enforcement • Inquiries • Investigations • Agreements • Assessments • Legal powers

7. Legal powers • Intervene in Commission’s name [equality or human rights or both] • Judicial Review proceedings in Commission’s name [equality or human rights or both] • Provide legal assistance to an individual bringing proceedings under the EA [equality or both, but not human rights alone]

8. EHRC Litigation strategy Is the case an appropriate means of addressing the underlying issue? • The extent of the opportunity to clarify or strengthen the law or to extend or test compliance • The extent of the opportunity to secure better understanding of rights and obligations • The nature, scale and/or severity of the underlying detriment • The opportunity to improve the compliance with the law • The opportunity to address widespread or systematic breaches of the law where litigation by others has failed to resolve the issue.

9. 9 Priority areas for 2016 / 17 include: • Improving access to justice and treatment in the criminal justice system • Tackling identity based prejudice and violence, hate crime and stereotyped media reporting • Promoting equality in routes into work, fair treatment at work and fair opportunities for progression • Liberty from freedom and harm

10. 10 Protected characteristics under the Equality Act • Age • Disability • Gender reassignment • Marriage or civil partnership • Pregnancy and maternity • Race – includes colour, nationality or ethnic or national origins • Religion or belief • Sex • Sexual orientation

11. 11 Case examples – Taiwo v Olaigbe • Supreme Court case • Funded by EHRC • CERD provisions referenced • Workers: “treated disgracefully, in a way which employees who did not share their vulnerable immigration status would not have been treated.” • BUT the treatment was due to their immigration status, which is not a protected characteristic

12. 12 Case examples- Chandhok v Tirkey • Employment Appeal Tribunal case, EHRC intervened • Claimed that her employer’s treatment of her was bound up in their perception of her caste • Caste provisions in Equality Act not in force • EAT held ethnic origin can include Caste • CERD General Recommendation 29, states should enact or amend legislation in order to outlaw all forms of discrimination based on descent in accordance with the Convention

13. 13 Case examples- Traveller Movement and others v JD Wetherspoon • EHRC funded case • Delegates of an annual Irish traveller movement conference excluded from a pub • 19 claimants claimed direct race discrimination (1 was the traveller movement) • Strong evidence

14. 14 Case examples- Hounga v Allen • Supreme Court • Appeal funded by Commission • 14 year old Nigerian girl on a visitor’s visa with no permission to work • Illegally employed as an au pair • Physical abuse and threats

15. 15 Case examples- O v SSHD - ongoing case • Cuts to asylum support payments (27%) • Not a race discrimination case • Invervention argues indirect discrimination against women (single mothers) and breach of Public Sector Equality Duty • an example of how we can use our powers to try to improve conditions for asylum seekers

16. 16 Stay in touch Sign up to our free Scotland Legal Team e-Bulletin Overview of latest discrimination news. Includes: • concise reports • recent court cases & links to decisions • changes in the law & new guidance • details of training & events. www.equalityhumanrights.com/scotland/legal-news in-scotland/equality-law-bulletin/

17. 18 Further Information Our website www.equalityhumanrights.com Twitter@EHRC Facebook.com/equalityhumanrights

18. Thank you 28