Discrimination and Equality

Discrimination and Equality

Email: PracticeStaff_TeamM@matrixlaw.co.uk

 
Under the influence of the European Union and the European Convention on Human Rights the reach and importance of discrimination and equality law have increased exponentially over the last decade. This area of the law impacts on an ever increasing range of activities in the public and private sectors, and the categories of prohibited discrimination have multiplied.


In the past decade alone the EU has enacted new legislation in the fields of race equality, religion and belief, sexual orientation, disability discrimination and age discrimination, as well extending existing provision in the field of sex equality. These developments have resulted in a considerable amount of new legislation in the UK. The developing case law under Article 14 of the Convention has also added a very important new dimension to discrimination law.  The creation of statutory equality duties for public authorities has ensured that judicial review has become a standard route of challenge to public authority decision-making affecting minority communities, women and disabled people.


2010 will almost certainly see the most important legislative change in the UK for 40 years. The Equality Bill, when enacted as expected in the Spring, will repeal all our domestic anti-discrimination law and replace it with a more harmonized and coherent single equality scheme. It will also introduce new equality duties.


Matrix has a particularly strong discrimination and equality group which is well equipped to deal with these developments. Its members include leading academics and practitioners in the field, with experience in a number of areas of the law where discrimination law principles are relevant. These include education law, election law, employment and equal pay law, police and immigration law and public law more generally. We also have particular expertise in the overarching principles of human rights and EU law.


Matrix members represent a full range of clients. We have members on the approved list of the Equality and Human Rights Commission and who regularly act for NGOs and campaign organisations. Members of the group also act for respondents and defendants in both the public and private sectors, and a number of our members are on the Treasury Panels.


Matrix members have been involved in many of the most important discrimination cases over the past decade. A sample is listed below. In addition to reported cases, however, Matrix members are frequently involved in high profile first instance trials and settlements (the very widely reported sex and race discrimination case of Fariad & Fariad v Tradition being a notable example, with James Laddie representing the Claimants).


Matrix are ranked as a leading set in civil liberties (Band 1, described as an "impressive, creative set," that has individuals who are "particularly good at thinking around difficult issues." C&P 2010 and Legal 500) in administrative and public law (Band 2, “specialist expertise in spades, and a demonstrable commitment to public law and human rights” C&P 2010), education (Band 2 C&P 2010 and Legal 500), employment (Band 2, “Matrix ‘is all about quality, not quantity’ state loyal clients” C&P 2010), EU, human rights (Band 1, “premier human rights set” Legal 500 2009), police (Band 2, “collection of exciting up-and-coming talent” C&P 2010) and immigration law in both Chambers & Partners and the Legal 500, and most of our members are also individually recommended.


Notable Recent cases:


R (E) v Governing Body of JFS [2009] UKSC 15 (meaning of ethnicity and direct discrimination under Race Relations Act 1976) (Helen Mountfield; Sam Grodzinski; Aileen McColgan; Thomas Linden QC; Dan Squires; David Wolfe; Adam Sandell)


Rodriguez v The Minister for Housing of the Government of Gibraltar and the Housing Allocation Committee [2009] UKPC 52 (marriage criterion and sexual orientation discrimination in housing provision) (Rabinder Singh QC; Karon Monaghan QC; Aileen McColgan)


Ladele v London Borough of Islington and Liberty (Intervening) [2009] ICR 387; [2009] IRLR 154; [2009] EWCA Civ 1357 (requirement that Christian registrar perform Civil Partnerships and religious/sexual orientation discrimination) (Helen Mountfield; Karon Monaghan QC; Aileen McColgan)


Hovell v Ashford and St Peter’s Hospital NHS Trust [2009] ICR 1545; [2009] IRLR 734; [2009] EWCA Civ 670 (equal value claims and comparators) (Antony White QC; Karon Monaghan QC)


Slack and others v Cumbria County Council and Equality and Human Rights Commission (intervener) [2009] ICR 1217; [2009] IRLR 463; [2009] EWCA Civ 293 (time limits in equal pay claims) (Karon Monaghan QC)


R (Domb & Ors) v London Borough of Hammersmith & Fulham & Anor [2009] EWCA Civ 941 (Disability Equality Duty and budget setting) (David Wolfe; Karon Monaghan QC)


R (Meany, Glynn and Sanders) v Harlow District Council [2009] EWHC 559 (Admin) (Disability Equality Duty and public authority decision making) (David Wolfe)


R(Watkins-Singh)  v Governing Body of Aberdare Girls High School [2008] EWHC 1865 (Admin) (right of Sikh girl to wear at School the Kara) (Helen Mountfield)


R (Kaur & Shah) v Ealing London Borough Council & EHRC [2008] EWHC 2062 (Admin) (judicial review of decision to withdraw funding from the Southall Black Sisters in respect of their domestic violence work, in reliance on equality duties) (Helen Mountfield; Karon Monaghan QC; Blinne Ni Ghralaigh; and Aileen McColgan).


Lewisham London Borough Council v Malcolm (Equality and Human Rights Commission intervening) [2008] 1 AC 1399 (meaning of disability related discrimination) (Rabinder Singh QC)


C (a Minor, by litigation friend) (R on the application of) v Secretary of State for Justice & Anor [2008] EWCA Civ 882 (judicial review to quash the Secure Training Centre (Amendment) Rules 2007 in reliance on equality duties) (Karon Monaghan QC)


The Directories
The leading legal directories recognise Matrix members as leaders in discrimination and equality work across a range of fields. Some highlights include:
“The "confident and unflustered" Helen Mountfield is renowned for her judicial review expertise, and "has a particularly good focus on the relationship between education and human rights law." A highlight of her year was the case of R v JFS, which challenged the application of a Jewish faith school's admissions criteria.” – Chambers & Partners 2010


“A ‘technically able‘ set, Matrix Chambers adopts a ‘pragmatic, client focused and flexible approach‘.” – Legal 500 2009


“The well-regarded set provides high-quality advice on an array of matters, including restrictive covenants, team moves and discrimination issues. Its brightest and best include Thomas Linden QC. Greatly in demand from magic circle firms, he is considered "an absolute genius and a pleasure to deal with.” – Chambers & Partners 2010


“Karon Monaghan QC is brilliant on discrimination matters. She is recommended by clients for her representation in the Court of Appeal especially on matters pertaining to human rights in an employment context.” – Chambers & Partners 2010


For further information and a full list of notable cases, download the brochure by clicking the 'downloads' tab below.