• Discrimination Law and the Ebb and Flow of Indirect Effect in Britain

    Author(s):
    James Hand (see profile)
    Date:
    2016
    Item Type:
    Article
    Tag(s):
    law
    Permanent URL:
    http://dx.doi.org/10.17613/M62W60
    Abstract:
    Strained judicial interpretation of British discrimination law is not new; some of the leading House of Lords cases on the European Union law doctrine of Indirect Effect have concerned discrimination law. The interpretative obligation, to read national law in line with EU law, has seen words read in and like being treated with like according to changing mores. However, the disability discrimination case of EBR Attridge Law v Coleman [2010] I.C.R. 242 saw an entire sub-section being read in by an Employment Appeal Tribunal. This article briefly reviews the House of Lords’ approach in earlier cases, primarily through the prism of discrimination law, and then asks, following more recent Employment Appeal Tribunal cases concerning pregnancy discrimination and the protection from victimisation within the Equality Act 2010, whether the high-water mark for judicial re-writing has been reached in Britain and whether compliance with European law can better be attained in other ways.
    Metadata:
    Published as:
    Journal article    
    Status:
    Published
    Last Updated:
    3 years ago
    License:
    Attribution
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