Category: disability discrimination

Conduct and disability – Employment Law Blog

Posted November 21st, 2014 in assault, disability discrimination, mental health, news, unfair dismissal by tracey

‘Was there gross misconduct? If there was, did it justify dismissal? Those were issues before Judge Eady QC in Burdett v Aviva Employment Services Ltd, UKEAT/0439/13/JOJ, a case concerned with both unfair dismissal and discrimination arising from disability. The employee had committed assaults in the workplace. However, this was because of his disability. He suffered from a paranoid schizophrenic illness. The ET was judged to have been in error in finding gross misconduct. They had failed to engage with the question of blameworthiness. The ET was also found to have been in error in assuming that dismissal will necessarily fall within the range of reasonable responses in a gross misconduct case.’

Full story

Employment Law Blog, 20th November 2014

Source: www.employment11kbw.com

Employment tribunal did research on Wikipedia “to help litigant in person” – Litigation Futures

Posted November 20th, 2014 in appeals, disability discrimination, disabled persons, employment tribunals, judiciary, litigants in person, news, unfair dismissal by tracey

‘An employment tribunal which decided to carry out its own internet research, apparently to help a litigant in person, has been condemned by Mr Justice Langstaff, president of the Employment Appeal Tribunal (EAT).’

Full story

Litigation Futures, 20th November 2014

Source: www.litigationfutures.com

2014 Update: Focusing on Legal Status, Disability and Flexible Working – Cloisters

Posted November 18th, 2014 in disability discrimination, disabled persons, employment, flexible working, news by sally

‘Once employment protection was focused upon conventional patterns of work – open-ended, regular full-time jobs with a single employer. Our norms have now moved on. Recent developments reflect this. It has never been more important to pinpoint the underlying prerequisites for the existence of a contract of employment.’

Full story

Cloisters, 20th November 2014

Source: www.cloisters.com

Disabled man forced off bus by refusal to move pram sparks equality test case – The Guardian

Posted November 12th, 2014 in appeals, county courts, damages, disability discrimination, disabled persons, equality, Equality and Human Rights Commission, news, transport by tracey

‘A woman’s refusal to move a pushchair with a sleeping baby from a bay on a bus used by wheelchair passengers – causing a disabled man to have to leave the vehicle – is at the centre of a test-case legal battle in the court of appeal.’

Full story

The Guardian, 11th November 2014

Source: www.guardian.co.uk

Bedroom Tax: Upper Tribunal on Article 14 – NearlyLegal

Posted October 7th, 2014 in benefits, disability discrimination, news, Scotland, social security, tribunals by sally

‘Following my plaintive cry here, I now have copies of the two Upper Tribunal judgments from Scotland referred to by the DWP. And, while the judgments do do something rather more and rather different to the outcomes suggested in the DWP Circular, sadly, what they actually do is worse.’

Full story

NearlyLegal, 6th October 2014

Source: www.nearlylegal.co.uk

Court of Appeal rejects call by solicitor to quash dismissal of his claim against council – Local Government Lawyer

Posted October 1st, 2014 in appeals, disability discrimination, employment tribunals, news, race discrimination, solicitors by tracey

‘The Court of Appeal has dismissed a solicitor’s call for an Employment Tribunal ruling – in which his claim against a local authority for race and disability discrimination was rejected – to be thrown out as not properly made, it has emerged.’

Full story

Local Government Lawyer, 30th September 2014

Source: www.localgovernmentlawyer.co.uk

Calculating Damages for a Lost Career: Sharan Griffin v Plymouth Hospital NHS Trust – Employment Law Blog

Posted September 25th, 2014 in appeals, constructive dismissal, damages, disability discrimination, employment, hospitals, news, pensions by sally

‘Harini Iyengar comments on the latest Court of Appeal case on the calculation of damages for a lost career.’

Full story

Employment Law Blog, 25th September 2014

Source: www.employment11kbw.com

Disability hate crime: Attacks on people with disabilities ‘must be taken more seriously’ – The Independent

Posted September 22nd, 2014 in Crown Prosecution Service, disability discrimination, disabled persons, hate crime, news, police, prosecutions, victims by sally

‘The former director of public prosecutions has said attacks on disabled people are not being recognised as hate crime, letting criminals off with lighter sentences.’

Full story

The Independent, 21st September 2014

Source: www.independent.co.uk

The public sector equality duty and priority need – NearlyLegal

Posted September 8th, 2014 in appeals, disability discrimination, equality, housing, inquiries, local government, mental health, news by sally

‘In Kanu v Southwark LBC [2014] EWCA Civ 1085, the Court of Appeal considered whether the public sector equality duty added an additional obligation on housing officers when they came to consider whether an applicant had a priority need. As you will all know the public sector equality is an obligation placed on public authorities by s.149, Equality Act 2010 to have due regard to the need to eliminate discrimination, harassment, victimisation; advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and foster good relations between persons who share a relevant protected characteristic and persons who do not share it. Broken down, when someone is disabled, the duty further requires an authority to have due regard to the need to take steps to take account of a person’s disability.’

Full story

NearlyLegal, 7th September 2014

Source: www.nearlylegal.co.uk

Supreme Court agrees to hear case on eviction and disability discrimination – Local Government Lawyer

Posted August 6th, 2014 in appeals, civil procedure rules, disability discrimination, equality, housing, local government, news, proportionality, repossession, Supreme Court by sally

‘The Supreme Court has issued a last-minute order to prevent the eviction of a disabled social housing tenant.’

Full story

Local Government Lawyer, 6th August 2014

Source: www.localgovernmentlawyer.co.uk

Arguably Serious – Aster Communities Ltd v Akerman-Livingstone – NearlyLegal

Posted August 6th, 2014 in appeals, civil procedure rules, disability discrimination, equality, housing, local government, news, proportionality, repossession, Supreme Court by sally

‘Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone [2014] EWCA Civ 1081 (30 July 2014) is an extraordinary decision that will – if allowed to stand – have a significant impact on the day-to-day management of possession claims in the county court.’

Full story

NearlyLegal, 5th August 2014

Source: www.nearlylegal.co.uk

Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone – WLR Daily

Posted August 1st, 2014 in disability discrimination, equality, housing, human rights, law reports, news, repossession by sally

Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone [2014] EWCA Civ 1081; [2014] WLR (D) 350

‘In possession proceedings the court should approach a defence based on disability discrimination under section 15 of the Equality Act 2010 in the same way as it would approach one based on article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Another “Bedroom Tax” Challenge Fails – UK Human Rights Blog

Posted July 7th, 2014 in appeals, benefits, carers, children, disability discrimination, disabled persons, families, housing, human rights, local government, news by sally

‘At the end of May, the High Court ruled that the reduction in Housing Benefit under Regulation B13 of Housing Benefit (Amendment) Regulations – commonly dubbed “the bedroom tax” – did not unlawfully discriminate against a family with a disabled child requiring an additional bedroom for overnight careers because the shortfall was covered by discretionary housing payments.’

Full story

UK Human Rights Blog, 4th July 2014

Source: www.ukhumanrightsblog.com

Ignoring the Court of Appeal? – NearlyLegal

Posted April 25th, 2014 in appeals, benefits, disability discrimination, disabled persons, housing, married persons, news by sally

‘There has been an odd bedroom tax development, one on which details are tantalisingly still absent. Mr & Mrs Carmichael have won their appeal to the First Tier Tribunal, apparently on the basis of Mrs Carmichael’s disability, so on grounds of Article 14 read with Art 1 Protocol 1. The Tribunal apparently found that it would be unjustifiable discrimination to impose the bedroom tax.’

Full story

NearlyLegal, 24th April 2014

Source: www.nearlylegal.co.uk

Room for manoeuvre – Hardwicke Chambers

Posted April 8th, 2014 in appeals, benefits, disability discrimination, disabled persons, housing, news, social security by sally

‘In R (on the application of MA & Ors) v The Secretary of State for Work and Pensions (Respondent) and The Equality and Human Rights Commission (Intervener) [2014] EWCA 13 the Court of Appeal has rejected appeals against the dismissal of claims for a judicial review of the so-called “bedroom tax”, bringing to an end – for the time being at least – months of speculation about the lawfulness of arguably the most controversial aspect of the Government’s welfare reform programme.’

Full story

Hardwicke Chambers, 12th March 2014

Source: www.hardwicke.co.uk

Shocking justice gap for disabled prisoners – Halsbury’s Law Exchange

Posted April 7th, 2014 in Administrative Court, civil procedure rules, disability discrimination, disabled persons, equality, judicial review, legal aid, news, prisons, proportionality by sally

‘It is Prison Service policy that prisons provide a fair and equal service to all prisoners, including to those who are disabled. The purpose of this policy is to make sure that the Prison Service meets its obligations under the Equality Act 2010 (EqA). However, for many disabled prisoners, these obligations are not being met.’

Full story

Halsbury’s Law Exchange, 4th April 2014

Source: www.halsburyslawexchange.co.uk

Education Law for Local Authorities in the Age of Academies – 11 KBW

Posted February 27th, 2014 in disability discrimination, education, local government, news, special educational needs, teachers by sally

‘Local authorities no longer run many of our publicly funded schools in England but still have plenty to occupy them in the education field. They have a role in the setting up of new academies. They still run their maintained community schools. In Wales, they remain the Welsh government’s preferred providers of state education. They have intervention powers and can suspend a school’s delegated budget.’

Full story

11 KBW, 24th February 2014

Source: www.11kbw.com

Judge rejects bedroom tax unlawfully discriminates against disabled – Daily Telegraph

Posted February 24th, 2014 in benefits, disability discrimination, disabled persons, housing, news by sally

‘Judge rejects accusations that the so-called ”bedroom tax” unlawfully discriminates against the disabled.’

Full story

Daily Telegraph, 21st February 2014

Source: www.telegraph.co.uk

Unsuccessful challenge to 52 weeks rule in Housing Benefit Regs – NearlyLegal

Posted January 6th, 2014 in appeals, benefits, detention, disability discrimination, housing, mental health, news by sally

‘Obrey v Secretary of State for Work and Pensions [2013] EWCA Civ 1584 concerns an appeal against an Upper Tribunal (Administrative Appeals Chamber) decision which set aside the findings of the First-tier Tribunal (Social Security and Child Support) that Reg. 7(17), Housing Benefit Regulations 2006, breached Art. 14 ECHR (although not expressly set out in the Judgment, presumably in conjunction with A1P1).’

Full story

NearlyLegal, 6th January 2014

Source: www.nearlylegal.co.uk

When private counselling is a reasonable adjustment under the Equality Act? – No. 5 Chambers

Posted December 12th, 2013 in appeals, disability discrimination, employment tribunals, equality, medical treatment, mental health, news, veterinary surgeons by sally

‘The case of Crofts Vets and others v Butcher 2013 UKEAT/0430/12/LA and UKEAT/0562/12/LA is perhaps an unusual but important illustration of how far the duty to make reasonable adjustments under disability discrimination legislation goes (now Section 20 of the Equality Act 2010).’

Full story

No. 5 Chambers, 4th December 2013

Source: www.no5.com