From The Lawyer

Briefings Digest

The Care Quality Commission’s annual State of Care report became public on 21 October 2022. It released some striking data points as reports of the NHS being in crisis continue to appear in the media. More than one in five people are awaiting healthcare services such as diagnostic tests, mental health services, consultant appointments and operations. It’s a postcode lottery — if you are in an area that’s struggling most, you are likely to wait over 18 weeks for treatment compared to areas that are struggling less. Excessive numbers of unfilled vacancies coupled with staff shortages means there is huge pressure on urgent and emergency care services that are both understaffed and dealing with overflow from a lack of capacity in primary and social care.

There has been a lot of uncertainty since the UK left the EU’s Single Market on 31 December 2020. To try and reduce the legal aspect, a number of EU-derived laws were automatically incorporated into UK domestic law. The Retained EU Law (Revocation and Reform) Bill has been brought forward to remove the vast majority of this retained law by the end of 2023. It will also see the end of the principle of supremacy of retained EU law over domestic law. Find out more about the “sunsetting” of EU retained law here.

Is hair a protected racial characteristic? While hair texture isn’t specifically a protected characteristic under the Equality Act, discrimination on the basis of hair texture can still be a form of discrimination on the grounds of race. This issue has come to the fore within schools where hair policies often put a detrimental burden on Afro-textured hair and hairstyles. As a result, the EHRC has released new guidance stating that a person must not be discriminated against because of their hair or hairstyle if it is associated with their race or ethnicity. The aim is to relieve the disproportionate impact this has on Afro-textured hair, particularly as discrimination over hair may have a negative effect on the mental health and wellbeing of students.

Compostables: are they green or not that green? A recent case concerning the Advertising Standard Authority adjudication of Q River Ltd baby wipes found that, where the product in question would still release methane as it decomposed anaerobically, an absolute green claim was not allowed. So, tread carefully when it comes to “green” advertising and take it with a pinch of salt.