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

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

3. Introduction to the Equality and Human Rights Commission
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 03

4. Introduction to the EHRC04

5. 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 05

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 6

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. 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 9

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 10

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 11

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 12

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 13

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 14

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 15

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.
in-scotland/equality-law-bulletin/ 16

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

18. Thank you 28