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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Equality Act remedies in the FtT

Dan Manville
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Greater Manchester Law Centre

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Total Posts: 470

Joined: 22 January 2020

Can anyone remember the decision that held that EQA remedies were not available to the FtT?

I wouldn’t know where to start searching; I don’t know when it was handed down so can’t narrow a search on here and google is not being my friend.

TIA

roecab
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Welfare benefits supervisor - Roehampton CAB

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Joined: 17 June 2010

Might be this one

Neither the First-tier Tribunal nor the Upper Tribunal (when considering
a statutory appeal in a social security case) has jurisdiction to rule on
whether there has been a breach of the public sector equality duty in
section 149 of the Equality Act 2010…..

....Fourth, however, section 113(3)(a)
does allow the Upper Tribunal to address alleged contraventions of the
Equality Act 2010 under its judicial review jurisdiction. This appeal,
however, does not fall into that category.

https://assets.publishing.service.gov.uk/media/5fc500e0d3bf7f7f5521a732/CDLA_2208_2018-00_CDLA_2019_2018.pdf

past caring
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Welfare Rights Adviser - Southwark Law Centre, Peckham

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Maybe also [2016] AACR 31 (LO’L v Secretary of State for Work and Pensions (ESA) [2016] UKUT 10 (AAC))?

https://assets.publishing.service.gov.uk/media/5850006fed915d0b120000b7/_2016__AACR_31ws.pdf

Which was me :(

Dan Manville
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Greater Manchester Law Centre

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Total Posts: 470

Joined: 22 January 2020

past caring - 29 June 2023 12:54 PM

Which was me :(

I know your pain

Thanks both.