“…if you have coronavirus symptoms, however mild – either a new continuous cough or a high temperature – then you should stay at home for at least 7 days to protect others and help slow the spread of the disease. We advise all those over 70 and those with serious medical conditions against going on cruises and we advise against international school trips. At some point in the next few weeks, we are likely to go further and if someone in a household has those symptoms, we will be asking everyone in the household to stay at home.”
“Today, we need to go further, because according to SAGE [the Scientific Advisory Group for Emergencies] it looks as though we’re now approaching the fast growth part of the upward curve. And without drastic action, cases could double every 5 or 6 days. So, first, we need to ask you to ensure that if you or anyone in your household has one of those two symptoms, then you should stay at home for fourteen days. That means that if possible you should not go out even to buy food or essentials, other than for exercise, and in that case at a safe distance from others. If necessary, you should ask for help from others for your daily necessities. And if that is not possible, then you should do what you can to limit your social contact when you leave the house to get supplies.”
“The purpose of the Coronavirus Act is to enable the Government to respond to an emergency situation and manage the effects of the COVID-19 pandemic. A severe pandemic will lead to a reduced workforce, increased pressure on health services and death management processes. The Act contains temporary measures designed to either amend existing legislative provisions or introduce new statutory powers which are designed to mitigate these impacts. The Act aims to support Government in doing the following: • Increasing the available health and social care workforce • Easing the burden on frontline staff • Containing and slowing the virus • Managing the deceased with respect and dignity • Supporting people The Act is part of a concerted effort across the whole of the UK to tackle the COVID-19 outbreak. The intention is that it will enable the right people from public bodies across the UK to take appropriate actions at the right times to manage the effects of the outbreak. As part of its contingency planning, the Government has considered what measures would be needed during a severe COVID-19 outbreak to reduce the pressure of key services and limit the spread of infection.”
“Where an employee has a day of incapacity for work in relation to his contract of service with an employer, that employer shall, if the conditions set out in sections 152 to 154 below are satisfied, be liable to make him, in accordance with the following provisions of this Part of this Act, a payment (to be known as “statutory sick pay”) in respect of that day.”
“a person who is gainfully employed in Great Britain either under a contract of service or in an office (including elective office) with earnings (within the meaning of Parts 1 to 5 above)… but subject to regulations, which may provide for cases where any such person is not to be treated as an employee for the purposes of this Part of this Act and for cases where any person who would not otherwise be an employee for those purposes is to be treated as an employee for those purposes…”
“Prohibition of discrimination The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth, or other status.”
“Protection of property Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.”
“In order to establish that different treatment amounts to a violation of article 14, it is necessary to establish four elements. First, the circumstances must fall within the ambit of a Convention right. Secondly, the difference in treatment must have been on the ground of one of the characteristics listed in article 14 or “other status”
“although the margin of appreciation in the context of general measures of economic or social policy is, in principle, wide, such measures must nevertheless be implemented in a manner that does not violate the prohibition of discrimination as set out in the Convention and complies with the requirement of proportionality…… Thus, even a wide margin in the sphere of economic or social policy does not justify the adoption of laws or practices that would violate the prohibition of discrimination. Hence, in that context the Court has limited its acceptance to respect the legislature’s policy choice as not “manifestly without reasonable foundation” to circumstances where an alleged difference in treatment resulted from a transitional measure forming part of a scheme carried out in order to correct an inequality...”
“ simplicity in the JRS design – in this case, the binary distinction between employees within PAYE and non- employees outside PAYE – was essential not simply to prevent fraud, but to deliver the policy at all. Of all the possible situations where there might be benefit from simplicity and bright line rules, this is one of the clearest.”
“that is not simply a matter of administrative convenience: it is an issue which comes to the heart of what the JRS and SEISS are attempting to achieve, which is the provision of swift assistance to those who need it.”
“to make work pay, and to encourage claimants to do more productive activities in order to encourage them, over time, to reduce their reliance on benefits. The practical effects of the legal distinctions between the two groups mean that a work requirement imposed on an employee has an immediate, predictable and measurable effect. There is no directly effective practical equivalent in the case of a self-employed claimant…[so] a different mechanism had to be designed in order to influence their behaviour.”
“….even if a bright line rule is justified in the particular context, the particular bright line rule chosen has itself to be rationally connected to the aim and a proportionate way of achieving it: see, for example, R (T) v Chief Constable of Greater Manchester Police (Liberty intervening)[2014] UKSC 35 ,[2015] AC 49 . Secondly, however, it is one thing to have an inclusionary bright line rule which defines all those who definitely should be included. This has all the advantages of simplicity, clarity and ease of administration which are claimed for such rules. It is quite another thing to have an exclusionary bright line rule, which allows for no discretion to consider unusual cases falling the wrong side of the line but equally deserving. Hitherto the evidence and discussion in this case has tended to focus on whether there should be a bright-line rule or a wholly individualised system. There are obvious intermediate options, such as a more properly tailored bright line rule, with or without the possibility of making exceptions for particularly strong cases which fall outside it. ….”
“1. Each Member State shall ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied. 2. For the purpose of this Article, ‘pay’ means the ordinary basic or minimum wage or salary and any other consideration, whether in cash or in kind, which the worker receives directly or indirectly, in respect of his employment, from his employer.”
“For the same work or work to which equal value is attributed, direct and indirect discrimination on grounds of sex with regard to all aspects and conditions of remuneration shall be eliminated.”
“the ordinary basic of minimum wage or salary and any other consideration, whether in cash or in kind, which the worker receives directly or indirectly, in respect of his/her employment from his/her employer.”
“an apparently neutral provision, criterion or practice [“PCP”] would put persons [with the protected characteristic] at a particular disadvantage compared with other persons, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.”
“73. But the notion of comparative advantage or disadvantage is not straightforward. It involves defining the right groups for comparison. The twists and turns of domestic case law on indirect discrimination show that this is no easy matter. But some points stand out. First, the concept is normally applied to a rule or requirement which selects people for a particular advantage of disadvantage. Second, the rule or requirement is applied to a group of people who want something. The disparate impact complained of is that they cannot have what they want because of the rule or requirement, whereas others can.”
“…. subtracting the lower earnings limit from the earnings of every employee for the purpose of assessing pensionable salary involves a consistent, not a discriminatory, approach to all categories of employee.”
“….the prohibition of direct discrimination aims to achieve equality of treatment. Indirect discrimination assumes equality of treatment - the PCP is applied indiscriminately to all - but aims to achieve a level playing field, where people sharing a particular protected characteristic are not subjected to requirements which many of them cannot meet but which cannot be shown to be justified. The prohibition of indirect discrimination thus aims to achieve equality of results in the absence of such justification. It is dealing with hidden barriers which are not easy to anticipate or to spot.”
“The burden placed on the Government in this type of case is not as heavy as previously thought. Governments must be able to govern. They adopt general policies, and implement measures to carry out their policies. Governments must be able to take into account a wide range of social, economic and political factors. The Court of Justice has recognised these practical considerations. If their aim is legitimate, governments have a discretion when choosing the methods to achieve their aim. National courts, acting with hindsight, are not to impose an impracticable burden on governments which are proceeding in good faith. Generalised assumptions, lacking any factual foundation, are not good enough. But governments are to be afforded a broad measure of discretion. The onus is on the member state to show (1) that the allegedly discriminatory rule reflects a legitimate aim of its social policy, (2) that this aim is unrelated to any discrimination based on sex, and (3) that the member state could reasonably consider that the means chosen were suitable for attaining that aim.”
“This shows that in an appropriate case the Government is to be accorded a margin of discretion when it comes to assessing proportionate means. Seymour-Smith was a sex discrimination case, but in our view the same principle must be applied whatever the ground of discrimination relied upon.”
“68. It should be recalled in this context that, as Community law stands at present, the member states and, where appropriate, the social partners at national level enjoy broad discretion in their choice, not only to pursue a particular aim in the field of social and employment policy, but also in the definition of measures capable of achieving it: see, to that effect, Mangold v Helm (Case C-144/04 )[2005] ECR I-9981 , para 63. 69. As is already clear from the wording, “specific provisions which may vary in accordance with the situation in member states”, in recital 25 in the preamble to Directive 2000/78 , such is the case as regards the choice which the national authorities concerned may be led to make on the basis of political, economic, social, demographic and/or budgetary considerations and having regard to the actual situation in the labour market in a particular member state, to prolong people’s working life or, conversely, to provide for early retirement. 70. Furthermore, the competent authorities at national, regional or sectoral level must have the possibility available of altering the means used to attain a legitimate aim of public interest, for example by adapting them to changing circumstances in the employment situation in the member state concerned. The fact that the compulsory retirement procedure was reintroduced in Spain after being repealed for several years is accordingly of no relevance. 71. It is, therefore, for the competent authorities of the member states to find the right balance between the different interests involved. However, it is important to ensure that the national measures laid down in that context do not go beyond what is appropriate and necessary to achieve the aim pursued by the member state concerned.”
“Accordingly, in the light of the wide discretion granted to the social partners at national level in choosing not only to pursue a given aim in the area of social policy but also in defining measures to implement it, it does not appear unreasonable for the social partners to take the view that [the measure in question] may be appropriate for achieving the aims set out above.”
“In my judgment, it is important to emphasise that [the PSED] is not a duty to achieve a result, namely to eliminate unlawful racial discrimination or to promote equality of opportunity and good relations between persons of different racial groups. It is a duty to have due regard to the need to achieve these goals”
“… what is required is a realistic and proportionate approach to evidence of compliance with the PSED, not micro-management or a detailed forensic analysis by the court …. the PSED, despite its importance, is concerned with process not outcome, and the court should only interfere in circumstances where the approach adopted by the relevant public authority is unreasonable or perverse.”
“…..the Court should go no further in its review than to identify whether the essential questions have been conscientiously considered and that any conclusions reached are not irrational. Inessential errors or misjudgments cannot constitute or evidence a breach of the duty.”
“(1) Section 149(2) (application of section 149(1) to persons who are not public authorities but by whom public functions are exercisable does not apply to – (a) A person listed in sub-paragraph (2); (b) The exercise of a function listed in sub-paragraph (3). (2) Those persons are - (a) the House of Commons; (b) the House of Lords; …. (3) Those functions are – (a) a function in connection with proceedings in the House of Commons or the House of Lords; ….” (a) A person listed in sub-paragraph (2); (b) The exercise of a function listed in sub-paragraph (3). (b) the House of Lords; …. (a) a function in connection with proceedings in the House of Commons or the House of Lords; ….”
“Although the Regulations were subject to annulment by negative resolution of the House of Commons but were not so annulled, Parliament would be concerned only with the objects of the Regulations and would be unaware of any procedural impropriety. It is therefore to courts, by way of judicial review, that recourse must be had to seek a remedy.”
“… I am not, any more than my noble and learned friend Lord Diplock, prepared to agree with the view apparently expressed by Lord Denning MR that an order made by statutory instrument acquires the status of an Act of Parliament if it is approved by resolutions of both Houses of Parliament.”
"That the Freedom of Speech, and Debates or Proceedings in Parliament, ought not to be impeached or questioned in any Court or Place out of Parliament."
“49. In our judgment, it is clear that the introduction of a Bill into Parliament forms part of the proceedings within Parliament. It is governed by the Standing Orders of the House of Commons (see, in particular, standing order 57(1)). It is done by a Member of Parliament in his capacity as such, not in any capacity he may have as a Secretary of State or other member of the government. Prebble (cited above) supports the view that the introduction of legislation into Parliament forms part the legislative process protected by Parliamentary privilege. To order the defendants to introduce a Bill into Parliament would therefore be to order them to do an act within Parliament in their capacity as Members of Parliament and would plainly be to trespass impermissibly on the province of Parliament. Nor can the point be met by the grant of a declaration, as sought by the claimant, instead of a mandatory order. A declaration tailored to give effect to the claimant's case would necessarily involve some indication by the court that the defendants were under a public law duty to introduce a Bill into Parliament to provide for a referendum. The practical effect of a declaration would be the same as a mandatory order even if, in accordance with long-standing convention, it relied on the executive to respect and give effect to the decision of the court without the need for compulsion.”
“The courts cannot question the legitimacy of an Act of Parliament or the means by which its enactment was procured: seeBritish Railways Board v Pickin[1974] AC 765 , and as to proceedings in Parliament, Article 9 of the Bill of Rights).”
“It will always be possible to tag onto any legislation a provision, for example, giving greater grants to disabled students. But possibilities of that kind do not need to be canvassed in order to satisfy the equality duty.”
“Provision of income replacement recognises and addresses that loss of earnings due to isolation is likely to affect people with protected characteristics disproportionately. Young people, women, disabled people, and ethnic minorities include people who are likely to be vulnerable to short-term income loss and people with lower financial resilience who are likely to be particularly affected. Provision of support at Statutory Sick Pay rates provides the same level of support as they would receive if they were absent from work. There is no evidence that there would be particular impacts on other protected characteristics. Providing payments to all who isolate provides fairness to all people with protected characteristics and supports achievement of high levels of isolation where necessary to avoid spread of the virus.”
“Financial support for people who have been asked to remain at home reduces the incentive for them to take actions such as engaging in work, where they could become infected. Providing income replacement helps individuals to maintain their personal and family wellbeing during a period of selfisolation. This is intended as a safety net for individuals, in cases where their employer chooses not to furlough them under the Coronavirus Job Retention Scheme and does not have other suitable policies in place (e.g. the ability to work from home, or the provision of special leave). This will ensure that SSP is available to anyone who is advised to stay at home but unable to work for whatever length of time is necessary, regardless of protected characteristics. In particular, disabled employees and older employees are more likely to be at high risk and therefore be required to “shield” for up to 12 weeks. Extension of eligibility of SSP to employees “shielding” also recognises and addresses that loss of earnings due to isolation is likely to affect people with protected characteristics disproportionately. Young people, women, disabled people, and ethnic minorities include people who are likely to be vulnerable to income loss and people with lower financial resilience who are likely to be particularly affected. For example, younger adults (16 to 44 years) are four times more likely to have run out of money by the end of the week or month within the last year (16%) than those aged 65 years and over (4%).”
“28% of all employers pay OSP [Occupational Sick Pay]. We do not know directly the equalities characteristics of those that currently receive OSP, and therefore are not likely to benefit from the measure. However, we know that SMEs are less likely to offer OSP (26% of small firms, 47% of medium firms and 77% of large firms) and therefore employees of small employers are likely to benefit more from the measure. Half (50 per cent) of all employed disabled people work in small workplaces, compared to just under half of non-disabled people (47 per cent). A further 22 per cent of disabled people work in medium sized workplaces (between 50 and 250 staff), compared with 23 per cent of non-disabled people. Similar to non-disabled people, around a quarter of disabled people work in large workplaces (over 250 staff) (26 and 25 per cent respectively). This suggests that there will be a small benefit towards disabled people because they are disproportionately represented in the set of employers that are likely to, for the first time, not require waiting days. We do not have data readily available on other equalities characteristics of employees in SMEs.”
“Equalities: 32. We have considered potential equalities impacts of this measure, including the interactions with the parental pay and leave system and the National Living Wage (NLW). Most women on maternity leave will be able to claim Statutory Maternity Pay as normal if they are furloughed, however the proposal could result in low earning pregnant women falling below the Lower Earnings Level and not qualifying for SMP. They should be eligible to apply for Maternity Allowance, however they would lose access to the first 6 weeks at 90% of average earnings. The design of the scheme and interaction with employment law might also mean that NLW workers are more likely to be furloughed. This might have a disproportionate negative impact on women as they are more likely than men to earn the NLW. 33. There could also be an indirect equalities impact as there is a risk that employers could discriminate against those with protected characteristics when choosing which workers to furlough,for example on the basis of age. We are considering whether legal protection against discrimination can be applied when furloughing workers, as is the case with redundancies.” 262.The 24 March submission included the following: “Equalities: 29. We have considered potential equalities impacts of this measure, including the interactions with the parental pay and leave system. Most women on maternity leave will be able to claim Statutory Maternity Pay as normal if they are furloughed. A few will lose entitlement due to the LEL but this is replicated across the social security system and does not treat women less favourably. Past earnings are relevant to eligibility for SMP and the level of payment. If this period covers furloughed earnings or SSP then women will be worse off than they would have been before CV19. We are working with DWP to establish how many women are affected and coming up with a solution to this problem. We want to ensure women on maternity leave who expect to benefit from enhanced maternity pay have access to furlough to prevent them being treated less favourably to their colleagues. 30. There could also be an indirect equalities impact as there is a risk that employers could discriminate against those with protected characteristics when choosing which workers to furlough, for example on the basis of age. If furloughed, the employee will maintain rights against unfair dismissal, to redundancy payments etc during the period of furlough.”
“49. Pakistani and Bangladeshi individuals are more likely to be self-employed than the general population. However, we do not think that this gives rise to an equalities issue. This is because although this scheme is less generous than the CJRS in some respects (there is an income cap) it is more generous in other respects (you can receive it even if you are still working). Additionally, as the self-employed population work in a very different way to employees, it is defensible that the schemes is less generous in some respects.”