Types of cases and issues we are interested in hearing about

Here are some examples of the types of cases or issues we are interested in hearing about. 

These examples indicate what we might be able to get involved in.

We may adapt this list to significant social, economic and political events or changes to the legal landscape.

If you are working on a legal case or issue related to these examples, we’d be interested to hear about it. We’d also like to hear about significant emerging or new challenges to equality and human rights in England, Scotland and Wales.

The examples below match the priorities set out in our strategic plan for 2022 to 2025 and business plan for 2024 to 2025.

Tackling discrimination, harassment, victimisation and breaches of human rights in the workplace

We are interested in cases and issues involving:

• serious sexual harassment, including where employers might have failed to protect a worker, and particularly involving insecure workers and those with other protected characteristics (for example, ethnic minority, disabled or LGBT workers)
• serious harassment related to sex, race, disability, sexual orientation, gender reassignment and religion or belief, including where employers might have failed to protect a worker
• balancing competing rights (such as sex, sexual orientation, gender reassignment and religion or belief) at work

Acting on gaps in employment rates and pay for different protected characteristic groups

We are interested in cases and issues involving:

• discrimination as a result of the menopause, exploring issues around the definition of disability, reasonable adjustments and sex or age discrimination
• restriction or limiting of family-friendly rights for men and women (including carers), such as the right to flexible working
• discrimination against women who are pregnant or on maternity leave, or for other family-related reasons, in selection of people for recruitment or redundancy

Taking legal action to address breaches of children’s rights in institutional settings

Types of cases / issues we are interested in hearing about include:

• discrimination and breaches of human rights in relation to children placed in:
  • youth justice settings
  • children’s homes
  • detention centres
  • other institutional settings including hospitals and foster placements
• human rights and equality breaches arising from orders under the Inherent Jurisdiction, where secure accommodation placements are unavailable / unsuitable for children under the Children Act
• matters arising from use of restraint in schools
• matters arising from access to, and equal treatment in, mental health services for those in transition from child to adult health care

Tackling discrimination in admissions, exclusions, behaviour policies and failures to make reasonable adjustments to improve educational outcomes for people with protected characteristics

Types of cases / issues we are interested in hearing about include:

• discriminatory policies and practices, and breaches of human rights, including in relation to:
  • off-rolling
  • admissions
  • the provision of reasonable adjustments
  • exclusions and removals
  • restraint and seclusion
  • clothing and behaviour policies in schools
• discrimination and breaches of human rights resulting from the presence of police or third parties in schools
• failures by schools to deal appropriately with serious incidents or patterns of harassment in relation to protected characteristics

Promoting rights regarding the treatment of people in health and social care institutions

Types of cases and issues we are interested in hearing about include:

• detention of people in mental health hospitals and units for long periods of time when they could be living in the community
• restraint (including by medication), and long-term segregation or seclusion of patients in mental health settings
• discrimination or breaches of human rights in relation to people in health and social care settings

Tackling inequalities in access to health services

Types of cases and issues we are interested in hearing about include:

• matters about disproportionate deaths in maternity services
• discrimination or breaches of human rights faced by trans people accessing healthcare

Tackling online harms, including bullying, discrimination and abuse, experienced by people with protected characteristics, while safeguarding the right to freedom of expression

Types of cases and issues we are interested in hearing about include:

• matters where algorithms may have led or contributed to discrimination, harassment or a breach of human rights
• online harms that potentially constitute a breach of human rights
• matters that involve an interaction between freedom of expression and protection of other human rights and / or wider equality rights

Ensuring that digital service providers maximise inclusion and tackle discrimination resulting from digital exclusion so essential services are available to all

Types of cases / issues we are interested in hearing about include potential discrimination and breaches of human rights resulting from digital exclusion related to essential services, including in the areas of:

• welfare benefits
• health and social care
• justice
• immigration
• education

Taking legal action so that the use of AI in recruitment and other employment practices does not bias decision-making or breach human rights

Types of cases and issues we are interested in hearing about include matters involving:

•  the use of AI in recruitment and other employment practices that raise issues of discriminatory decision-making or human rights, such as the use of facial recognition software or CV and applicant screening
• public and private organisations (for example, where a public organisation uses software from a private-sector organisation), including where they raise issues of human rights, discrimination and PSED compliance

Taking legal action so that the use of AI does not breach human rights or equality law

Types of cases and issues we are interested in hearing about include matters involving:

• the use of AI in policing
• the use of AI in the decision making processes of public authorities and those exercising a public function

Influencing regulatory frameworks to ensure equality and human rights are embedded in the development and application of AI and digital technology

Types of cases / issues we are interested in hearing about include:

• matters that highlight, clarify or enforce (including through litigation) the framework for equality and human rights in the development and application of AI and digital technology; including, for example, the different international framework
• matters that involve public- and private-sector organisations; for example, where a public organisation uses software from a private-sector organisation
• the development and application of AI and digital technology, including in the areas of:
  • welfare benefits
  • health and social care
  • justice
  • immigration
  • education

Playing a leading role in public debates about equality and human rights issues, including by balancing rights

The primary focus of this work stream is to exercise influence. However, where it would promote our overall aim to foster good relations, we may consider formal engagement in cases that raise a balance of rights issue (such as the interaction between the protected characteristics of sex, religion or belief and gender reassignment) and that seek to clarify the Equality Act in these and other areas.

We are also interested in the interaction between freedom of expression and the protection of other human rights and wider equality rights, including in the context of digital services and artificial intelligence.

In cases involving the balance of rights we may seek to intervene in cases where this is likely to promote the fostering of good relations. Generally we will intervene rather than fund cases because this allows us to best fulfil our role as an independent and impartial regulator.

Ensuring public services improve equality of opportunity, using regulatory levers, such as the PSED

Types of cases / issues we are interested in hearing about include matters with the potential to clarify, strengthen or enforce the PSED.

Promoting understanding and compliance with human rights laws

Types of cases and issues we are interested in hearing about include cases that:

• are likely to advance or protect human rights by clarifying or establishing important legal tests
• promote public authorities’ compliance with human rights law

We will also challenge serious or systemic breaches of equality or human rights law that are not covered by these priority areas. We will use the criteria set out in this policy to decide whether and what action to take.