RJW client Fawcett Society to take government to court over unlawful budget

Mon, 09 Aug 2010 16:22:59 GMT

RJW client The Fawcett Society has filed papers with the High Court in order to get a Judicial Review of the government's recent emergency budget.

The Fawcett Society believes that the government should have used an equality impact assessment to determine whether its budget proposals would increase or reduce inequality between women and men. Despite repeated requests from the society, the Treasury has not provided any evidence that any such an equality impact assessment took place.

A top line assessment of the budget measures show 72% of cuts will be met from women's income with the remaining 28% from men's, due to many of the cuts being to benefits that more women than men rely on. Additionally the changes to the tax system will benefit far more men than women.

Since 2006 the government has been bound by a gender equality duty which obligates it to actively promote equality between the sexes.

Samantha Mangwana, employment solicitor at Russell Jones & Walker who is representing the Fawcett Society, said: "Although public authorities have been subject to the gender equality duty for several years now, there is widespread ignorance not only about how strong these laws actually are, but also what specific steps are required to be undertaken. However, the case law is crystal clear in spelling this out. Firstly, an equality impact assessment must be conducted before policy decisions are taken.

"Secondly, where an assessment reveals a risk of sex discrimination, urgent action must be taken to address those risks. Clearly, if the equality impact is not even assessed as a starting point, a public authority cannot start to consider what steps to take to mitigate any inequality."

About Russell Jones & Walker
Russell Jones & Walker is a leading national firm of solicitors dedicated to upholding the legal rights of individuals. From the firm’s foundation in the 1920s the focus has and continues to be, people and those who represent them.

The firm has grown from its trade union roots into a respected national organisation with nine offices across England and Wales, and an associated office in Scotland. The reputation of Russell Jones & Walker is built on the range of expertise offered by its partners and staff and on the scope of their practical experience.

RJW Solicitors represents clients across a range of areas with many employment solicitors, personal injury solicitors, business crime solicitors and specialities in commercial and criminal litigation, defamation, reputation management, clinical negligence and discrimination at work as well as providing specialties in fraud.

Russell Jones & Walker wins claim against London's oldest gay pub

Wed, 03 Mar 2010 10:33:41 GMT

Russell Jones & Walker has won a claim of adopting 'an anti-gay policy' against the new owners of London's oldest gay pub on behalf of Mr Charles Lisboa, 41, who joined the Coleherne Arms as Assistant Manager shortly before it re-opened as the Pembroke Arms in December 2008.

The pub, regarded as London's first 'gay pub', had attracted an exclusively gay clientele until its acquisition by Realpubs in 2008. The new owners stated that they intended to refurbish the pub and re-package it as a gastro-pub, to attract patrons from a wider section of the community.

However, soon after the pub re-opened as the Pembroke Arms, Malcolm Heap, Director at Realpubs, expressed concern to staff that the clientele had not really changed. The Tribunal accepted that Mr Heap, along with Jimmy Sydney, the pub's General Manager, took various steps to 'de-gay' the pub, including putting a sign up outside proclaiming, 'This is not a gay pub'.

Mr Heap also stressed in an email to one of Realpub's investors that he was attempting to ban the pub's 'over the top' customers.

Mr Lisboa was uncomfortable with the stance taken by Realpubs' management regarding their attitude to him and the pub's gay customers. On one occasion, Mr Lisboa was asked by Mr Heap to reprimand a gay couple for their behaviour, referring to them as 'queens'. Mr Heap then went on to say that Mr Lisboa was 'another kind of gay'. On a separate occasion, Mr Heap stated that one of Mr Lisboa's colleague's 'walked too camp'.

Only four weeks after joining the Pembroke Arms Mr Lisboa tendered his resignation due to sexual orientation discrimination.

The London Central Employment Tribunal has upheld Mr Lisboa's claim that he was the victim of discrimination at work and awarded him compensation. However, his claim of constructive dismissal was deemed unsuccessful.

Paul Daniels, partner in the award-winning Employment Law Team at Russell Jones & Walker, who acted for Mr Lisboa, said:

"This landmark decision confirms that an establishment that wishes to change from serving a mainly gay clientele to a mixed clientele, must not do so in a way that discriminates against gay clients. The decision also serves as a stark warning to any employer who tolerates abuse and prejudice against gay staff or customers."

Mr Lisboa stated:
"I am delighted to have won my case and to have exposed the discriminatory and anti-gay actions of RealPubs.

No-one should have to put up with repeated abuse and prejudice in the workplace. That is why I brought my case. However, I do not understand how the tribunal found that I had been the victim of a repeated pattern of discriminatory treatment and yet decided I was not entitled to resign in response."

Mr Daniels concluded:
"In this case, the tribunal accepted that numerous abusive comments were made by Realpubs managers referring to gay customers as 'queens' and accusing someone of being 'too camp' and that this amounted to unlawful sexual orientation discrimination against a gay employee.

It is, however, disappointing and very surprising that the tribunal saw fit to conclude that our client was not constructively dismissed following the discriminatory treatment and abusive remarks the tribunal unanimously found he had been subjected to. We are closely studying an appeal on that point."

- ENDS -

Notes to editors:
Case number: 609803.1

About Russell Jones & Walker:
Russell Jones & Walker employs over 400 staff (with 181 lawyers) and is renowned as the leading national firm of solicitors in protecti

Top Articles Tagged with sex-discrimination

RJW client Fawcett Society to take government to court over unlawful budget

Russell Jones & Walker wins claim against London's oldest gay pub