Liz Truss [Image: BBC].

Michael Gove and Liz Truss, two former Lord Chancellors, the former lord chief justice, Lord Thomas, six High Court judges and heads of the tribunal services are facing the prospect of legal action for victimisation and racial discrimination by three fellow black and Asian judges and a black former tribunal member following a ground breaking ruling by the Supreme Court.

The virtually unreported Supreme Court judgement last week, which involved interpreting an EU equality treatment directive, is seen by campaigners as removing immunity claimed by the Ministry of Justice, the Metropolitan Police, magistrates and tribunal bodies, barristers, solicitors, doctors and dentists disciplinary bodies, from the Equality Act when handling misconduct inquiries.

It will also apply to disciplinary hearings involving sexual and gender discrimination and disabled people.

The decision by the Supreme Court will have enormous ramifications for disciplinary panels. But there is also extraordinary irony as well. This case could be appealed by the Metropolitan Police or the Ministry of Justice to the European Court of Justice.

But given the entire stance being taken at the Brexit negotiations where the ECJ is a red line for ministers – it is the one thing that the government can’t do.

Meanwhile the Equality and Human Rights Commission has indicated it wants to make sure the government doesn’t sneakily change the law once we have left the EU.

Read more: Exclusive: Supreme Court ruling opens way for legal action against Michael Gove and Liz Truss for racial discrimination and victimisation | David Hencke


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