Blog

This week should have been a wake up call for universities here in UK.  The Office for Students (OfS) has issued a significant fine of £585,000 to the University of Sussex, citing failures in its governance and breaches of its duties related to freedom of speech. This decision stems partly from the university’s handling of… Read more: Big Warning for All Organisations: Don’t Forget the Law When Being Inclusive!

On Linked In I look at popular jargon and unpack it through an Equality Act compliance lens. A while ago, I looked at micro-aggressions. What is this from a DEI point of view? Micro-aggressions (defined in the dictionary as “indirect, subtle, or unintentional discrimination against members of a marginalised group”), while a relevant topic in… Read more: Equality Act Thought For The Day: Micro-Aggressions

On Linked In, I look at popular jargon and unpack it through an Equality Act compliance lens. A while ago, I looked at Structural Inequality What is this from a DEI point of view?Generally defined as “a system that creates conditions where one category of people have an unequal status in relation to another category… Read more: Equality Act Thought For The Day: Structural Inequality

On Linked In I look at popular jargon and unpack it through an Equality Act compliance lens. A while ago, I looked at “Going Beyond the Law” in Equality Policy: What is this from a DEI point of view?I’ve observed a recurring theme among hashtag#DEI advocates: the idea of “going beyond the law.” It’s an… Read more: Equality Act Thought For The Day: Going Beyond the Law

On Linked In, I look at popular jargon and unpack it through an Equality Act compliance lens. A while ago, I looked at Intersectionality What is this from DEI point view?Intersectionality is a term coined by Kimberlé Crenshaw, an American academic, in the late 1980s.  It describes how race, sex and other characteristics ‘intersect’ with… Read more: Equality Act Thought For The Day: Intersectionality

On Linked In I look at popular jargon and unpack it through an Equality Act compliance lens. Recently I looked at Critical Race Theory What is this from a DEI point of view?I understand that Critical Race Theory (CRT) is an academic framework that originated in the United States during the 1970s/80s. CRT posits that… Read more: Equality Act Thought For The Day: Critical Race Theory

On Linked In, I examine common jargon through the lens of Equality Act compliance. Recently, I considered the concept of “decolonisation of the workplace”. With an open mind, I listened to episode 241 of a podcast by Diverse Minds UK Ltd, titled “Decolonising the Workplace”, aiming to understand its relevance to employment practice and Equality… Read more: Equality Act Thought For The Day: Decolonisation of the Workplace

Occasionally, on Linked-In I look at popular jargon and unpack it through an Equality Act compliance lens. Recently I looked at GroupThink What is this from DEI point view?Groupthink is a psychological phenomenon where a group prioritises consensus and harmony over critical thinking, often leading to poor decision-making and a lack of diverse perspectives. In… Read more: Equality Act Thought For The Day: Groupthink

Occasionally on Linked-In, I look at popular jargon and unpack it through an Equality Act compliance lens. Recently, I looked at Inclusion What is this from DEI point of view?Inclusion in this context means the practice or policy of providing equal access to opportunities and resources for people who might otherwise be excluded or marginalised.… Read more: Equality Act Thought For The Day: Inclusion

Recently, I was asked by Galit Hart of University of East Anglia to participate in a video (made in 3 parts) for disabled students on Equality Law, Employment and Disability. Here is the finished product. Hope you find it useful.

A Reflection on Discrimination in Practice One of the interesting lessons I have learned as a discrimination lawyer is that unlawful discriminatory and harassing behaviour is not the sole preserve of the unpleasant, the bastard, the fascist, the stereotyped angry bigot. No, surprisingly often it is those that perceive themselves to be “nice” or “progressive”… Read more: Even nice people discriminate unlawfully:

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? 

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?

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?

The 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

Lia 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

I 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

Before 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

Recently 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 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

Introduction 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

The 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