Category: disability discrimination

‘The present proceedings should never have been brought.’ ASB and disability discrimination. – Nearly Legal

Posted January 17th, 2022 in disability discrimination, disabled persons, equality, harassment, housing, injunctions, mental health, news, nuisance by tracey

‘Rosebery Housing Association Ltd v Williams & Anor (2021) EW Misc 22 (CC). Applications for injunctions under Part 1 of ASBCPA 2014 seem to be all the rage at moment, so it is refreshing to read the judgment in Rosebery Housing Association v Williams which was handed down by HHJ Luba QC late last year. The judgment provides a helpful list of what-not-to-do in situations where there are allegations of anti-social behaviour levelled at a disabled tenant, particularly where the tenant has made serious allegations of her own.’

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Nearly Legal, 16th January 2022

Source: nearlylegal.co.uk

Government breached duty over solicitor-judge’s disability struggles – Law Society’s Gazette

Posted January 17th, 2022 in disability discrimination, disabled persons, duty of care, employment, employment tribunals, equality, Ministry of Justice, news, solicitors by tracey

‘The government has been criticised by an employment tribunal for a “lack of coordination and pre-planning” that resulted in a solicitor-judge bringing a disability discrimination challenge against the justice secretary over her struggles to secure reasonable adjustments.’

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Law Society's Gazette, 17th January 2022

Source: www.lawgazette.co.uk

Dudley mum’s legal fight over autistic son’s conviction – BBC News

Posted January 10th, 2022 in appeals, autism, deportation, disability discrimination, disabled persons, imprisonment, Jamaica, joint enterprise, miscarriage of justice, news, robbery, sentencing by tracey

‘The mother of an autistic man jailed for robbery says she is fighting to clear his name after the justice system failed to understand his disability. Joan Martin said 23-year-old Osime Brown’s autism meant he was incapable of committing the offence, and claims he was not given fair process. She is working with lawyers, who allege institutional discrimination, to overturn a “miscarriage of justice”.’

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BBC News, 10th January 2022

Source: www.bbc.co.uk

London borough’s housing allocation policy in breach of Equality Act, Ombudsman finds – Local Government Lawyer

Posted January 7th, 2022 in children, disability discrimination, disabled persons, equality, families, housing, local government, London, news, ombudsmen by tracey

‘A mother of two disabled children has successfully brought a complaint against Greenwich Council after a Local Government and Social Care Ombudsman investigation found the local authority’s social housing allocation policy disadvantaged the family.’

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Local Government Lawyer, 6th January 2022

Source: www.localgovernmentlawyer.co.uk

High Court: Differential standards on abortion time-limits do not breach the human rights of disabled persons – UK Human Rights Blog

Posted October 25th, 2021 in abortion, disability discrimination, disabled persons, equality, human rights, news, time limits by tracey

‘In Crowter & Ors, R (On the Application Of) v Secretary of State for Health And Social Care [2021] EWHC 2536 (Admin), the High Court considered the lawfulness of the provision in the Abortion Act 1967 which permits termination of a foetus after 24 weeks where there is a substantial risk that, if born, a child would be “seriously handicapped”.’

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UK Human Rights Blog, 25th October 2021

Source: ukhumanrightsblog.com

Menopausal symptoms and disability – Local Government Lawyer

Posted October 25th, 2021 in appeals, disability discrimination, disabled persons, employment, employment tribunals, equality, local government, news, women by tracey

‘The Employment Appeal Tribunal has given its first ruling on menopausal symptoms and disability in a case involving a city council. Jog Hundle considers the judgment.’

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Local Government Lawyer, 22nd October 2021

Source: www.localgovernmentlawyer.co.uk

Martin v City and County of Swansea – Equality Law Blog

Posted October 14th, 2021 in disability discrimination, employment tribunals, equality, news by sally

‘The decision of the EAT in this case provides a useful reminder of the proper approach to the PCP in reasonable adjustment claims. EAT (judge James Tayler, sitting alone) ruled that an employment tribunal had erred in law in rejecting the claimant’s attempt to rely on, as a PCP, a Management of Absence Policy which included discretion which would have permitted, amongst other steps, the claimant’s redeployment to an alternative role. The Tribunal had ruled that the application of the policy to the claimant did not constitute the application of a PCP that placed her at a substantial disadvantage in comparison with non-disabled persons.’

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Equality Law Blog, 13th October 2021

Source: equalitylawblog.com

Judges Rule Abortion Law On Disability Does Not Violate Human Rights – Each Other

Posted September 29th, 2021 in abortion, birth, disability discrimination, disabled persons, equality, human rights, news by sally

‘The High Court has ruled against a legal challenge from a woman with Down’s syndrome which argued that permitting abortion up until birth for a foetus with certain disabilities is unlawfully discriminatory.’

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Each Other, 28th September 2021

Source: eachother.org.uk

Government faces legal challenge from pupil with SEN over “unfair” use of PCR testing in schools – Local Government Lawyer

Posted September 29th, 2021 in children, coronavirus, disability discrimination, disabled persons, equality, families, government departments, judicial review, news, school children, special educational needs by sally

‘The parents of a 15-year-old pupil with special educational needs and disabilities have instructed lawyers to challenge the lawfulness of government guidance to schools on Covid-19 testing, arguing that it should be urgently revised to enable pupils with disabilities to take less intrusive saliva tests.’

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Local Government Lawyer, 28th September 2021

Source: www.localgovernmentlawyer.co.uk

To jab or not to jab? Covid vaccination dilemmas – Law Society’s Gazette

Posted September 27th, 2021 in coronavirus, disability discrimination, disabled persons, employment, equality, health & safety, news, unfair dismissal, vaccination by sally

‘The main challenges to compulsory vaccination policies come from unfair dismissal and discrimination law. Unfair dismissal claims are available to employees with two years’ service. Claims would hinge upon the issue of whether an employee’s refusal to comply with a vaccination policy is a ‘substantial reason’ sufficient to justify their dismissal.’

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Law Society's Gazette, 27th September 2021

Source: www.lawgazette.co.uk

Woman with Down’s loses abortion law fight – BBC News

Posted September 23rd, 2021 in abortion, birth, disability discrimination, disabled persons, equality, families, news, time limits by tracey

‘A woman with Down’s syndrome has lost her High Court challenge over a law that allows abortion up to birth for a foetus with the condition.’

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BBC News, 23rd September 2021

Source: www.bbc.co.uk

Tribunal declines to strike out pupillage discrimination claim – The Guardian

Posted September 22nd, 2021 in barristers, disability discrimination, disabled persons, employment, employment tribunals, equality, news, police, pupillage, striking out by sally

‘An employment tribunal has refused to strike out a claim that a chambers discriminated against a pupillage applicant even though it has “little reasonable chance” of succeeding.’

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Legal Futures, 21st September 2021

Source: www.legalfutures.co.uk

Judge rules Little Mix concert promoter discriminated against group of deaf mothers at 2017 concert – The Independent

Posted September 17th, 2021 in artistic works, compensation, damages, disability discrimination, disabled persons, equality, families, news by tracey

‘A judge has ruled that a concert promoter for Little Mix discriminated against a group of deaf mothers in 2017.’

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The Independent, 17th September 2021

Source: www.independent.co.uk

Staying away from work because of Covid: a trap for employers? – Local Government Lawyer

Posted September 3rd, 2021 in coronavirus, disability discrimination, disabled persons, employment, employment tribunals, equality, health, health & safety, news, unfair dismissal by tracey

‘Hari Menon looks at the problems that arise for employers where an employee stays away from work, pointing to the risks to his health from potentially contracting Covid.’

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Local Government Lawyer, 3rd September 2021

Source: www.localgovernmentlawyer.co.uk

A constructive dismissal is, in principle, capable of constituting an act of harassment, within the meaning of section 26 of the Equality Act 2010 – 3PB

Posted August 25th, 2021 in appeals, chambers articles, constructive dismissal, disability discrimination, employment, employment tribunals, equality, harassment, news, race discrimination, sex discrimination by sally

‘The EAT’s earlier decision in Timothy James Consulting Ltd v Wilton [2015] IRLR 368 had been decided per incuriam European Directives and domestic case law, in the light of which it was “manifestly wrong”. In so far as Wilton had decided that a constructive dismissal could not itself amount to an act of unlawful harassment within the meaning of section 26 of the Equality Act 2010 (“EqA”), it would not be followed.’

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3PB, August 2021

Source: www.3pb.co.uk

PDS employee dismissed after work with murderer awarded £100k – Legal Futures

Posted August 23rd, 2021 in compensation, damages, disability discrimination, employment, employment tribunals, mental health, Ministry of Justice, murder, news, post-traumatic stress disorder, unfair dismissal by tracey

‘The Public Defender Service (PDS) has been ordered to pay £100,000 in compensation to an employee unfairly dismissed after suffering post-traumatic stress disorder (PTSD) due to her work debriefing a murderer.’

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Legal Futures, 23rd August 2021

Source: www.legalfutures.co.uk

York Council Accused Of Breaching Equality Duty – Each Other

Posted August 18th, 2021 in disability discrimination, disabled persons, equality, human rights, local government, news, parking, roads by sally

‘Disability activists allege that City of York Council have breached their legal duty to promote equality by seeking to expand their “footstreets” scheme, which would permanently pedestrianise the city centre and potentially limit access for disabled patrons.’

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Each Other, 16th August 2021

Source: eachother.org.uk

Equality laws could be changed to protect women in menopause, says MP – The Guardian

Posted August 18th, 2021 in disability discrimination, employment, equality, inquiries, menopause, news, sex discrimination, statute law revision, women by sally

‘Changing equality legislation to protect women going through the menopause should “not be ruled” out, according to the chair of a group of MPs leading an inquiry into discrimination on the issue.’

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The Guardian, 18th August 2021

Source: www.theguardian.com

Disabled claimant nets permission for judicial review challenge over Hampstead Ponds charging regime – Local Government Lawyer

Posted August 11th, 2021 in disability discrimination, disabled persons, equality, judicial review, local government, news by tracey

‘A High Court judge has given a disabled swimmer permission to bring a judicial review challenge over the new charging regime for Hampstead Ponds.’

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Local Government Lawyer, 10th August 2021

Source: www.localgovernmentlawyer.co.uk

Employer reasonable adjustment requirements highlighted in pay dispute – OUT-LAW.com

Posted August 9th, 2021 in appeals, chambers articles, disability discrimination, disabled persons, employment, employment tribunals, equality, flexible working, mental health, news, remuneration by tracey

‘A recent ruling by the Employment Appeal Tribunal (EAT) provides useful guidance for employers about their obligations to make ‘reasonable adjustments’ to pay to account for employee disability, an employment law expert has said.’

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OUT-LAW.com, 6th August 2021

Source: www.pinsentmasons.com