disabled persons – Page 23 – Current Awareness

Upper Tribunal rules that a British child living with her mother in the UK will not be entitled to Disability Living Allowance if her father is living and working in another EU State – Garden Court Chambers

Posted March 24th, 2020 in benefits, chambers articles, children, disabled persons, EC law, families, news, tribunals by sally

‘In AH v Secretary of State for Work and Pensions [2020] UKUT 53 (AAC), the claimant and her parents are British citizens. The parents separated in 2011 but are not divorced. The father moved to live and work in Belgium. In October 2013, the Claimant (the daughter) claimed Disability Living Allowance (DLA) when she was four years old. The care component was awarded at the middle rate, but the award was later removed when the Department for Work and Pensions (DWP) became aware that the claimant’s father was living and working in Belgium.’

Garden Court Chambers, March 2020

Source: www.gardencourtchambers.co.uk

Issuing an EHC Plan—the meaning of ‘necessary’ (Nottinghamshire County Council v SF and another) – 3PB

Posted March 23rd, 2020 in appeals, chambers articles, disabled persons, education, interpretation, learning difficulties, local government, news, school children by sally

‘The Court of Appeal held that the First-Tier Tribunal (FTT) had correctly construed the meaning of ‘necessary’ in section 37(1) of the Children and Families Act 2014 (CFA 2014) in finding that it was necessary for special educational provision to be made for HD in accordance with an EHC Plan. This was despite his school having identified his needs, made provision to meet those needs and HD making progress at school. The court considered and affirmed the approach to making a determination under CFA 2014, s 37, determining what is ‘necessary’ requires an evaluative judgment based on the facts of each case.’

3PB, 9th March 2020

Source: www.3pb.co.uk

SRA: “Solicitors conceal disability for fear of harming careers” – Legal Futures

Posted March 16th, 2020 in disability discrimination, disabled persons, equality, law firms, news, solicitors, Solicitors Regulation Authority, statistics by sally

‘Many disabled solicitors have downplayed the extent of their disability because they do not trust law firms to meet their needs, research has revealed.’

Legal Futures, 16th March 2020

Source: www.legalfutures.co.uk

DWP employees with disabilities paid almost £1m in discrimination cases across four years – The Independent

Posted March 9th, 2020 in compensation, disability discrimination, disabled persons, employment, employment tribunals, government departments, news, statistics by tracey

‘The Department for Work and Pensions has had to pay out almost £1m to employees with disabilities in discrimination cases in the space of four years.’

The Independent, 9th March 2020

Source: www.independent.co.uk

ICTS (UK) Ltd v Visram (2020) EWCA 202 – Old Square Chambers

Posted February 26th, 2020 in appeals, chambers articles, disability discrimination, disabled persons, employment, employment tribunals, equality, news, unfair dismissal by sally

‘Do the words “return to work” in a long-term disability scheme mean return to any work or the work that the employee was undertaking prior to going on long term sickness?’

Old Square Chambers, 24th February 2020

Source: www.oldsquare.co.uk

Claimant fails in judicial review challenge over Qualified One-Way Costs-Shifting and discrimination claims – Local Government Lawyer

Posted February 26th, 2020 in costs, disability discrimination, disabled persons, equality, judicial review, local government, news by sally

‘A High Court judge has rejected a judicial review challenge over an asserted decision of the Lord Chancellor not to extend Qualified One-Way Costs-Shifting (QOCS) to discrimination claims in the County Court and/or the failure to extend QOCS to such claims.’

Local Government Lawyer, 24th February 2020

Source: www.localgovernmentlawyer.co.uk

CJC sets out rule changes to help vulnerable witnesses – Litigation Futures

Posted February 25th, 2020 in civil justice, Civil Justice Council, civil procedure rules, disabled persons, mental health, news, reports, witnesses by sally

‘The Civil Justice Council (CJC) has set out detailed changes it believes should be made to the Civil Procedure Rules to help vulnerable parties and witnesses, including an amended overriding objective.’

Litigation Futures, 25th February 2020

Source: www.litigationfutures.com

Court rejects judicial review over failure to extend QOCS – Litigation Futures

Posted February 21st, 2020 in costs, county courts, disability discrimination, disabled persons, equality, judicial review, Ministry of Justice, news by sally

‘The High Court has rejected a challenge to the Ministry of Justice’s (MoJ) failure to extend qualified one-way costs shifting (QOCS) to discrimination claims in the county court.’

Litigation Futures, 20th February 2020

Source: www.litigationfutures.com

Reasonable adjustments – Is it relevant that the employee didn’t mention them? – 3PB

Posted February 21st, 2020 in chambers articles, disability discrimination, disabled persons, employment, employment tribunals, equality, flexible working, news, unfair dismissal by sally

‘The dispute arose from the claimant’s back problems, which, it was agreed, made her disabled within the Equality Act 2010. She was unable to travel far and wanted to work mainly from home. This caused difficulty because her role, auditing the performance of National Health Service bodies, was “client facing” and required her to visit those bodies. She was eventually dismissed for reason of ill-health capability after an occupational health report and negotiations with her union representative. The respondent was concerned that she was not meeting her financial targets, i.e. the required amount of chargeable time billed to the respondent’s clients. These receipts from clients funded her salary. There were not enough clients within the short travelling distance from her home that she could manage.’

3PB, 7th February 2020

Source: www.3pb.co.uk

Council-owned company defends unfair dismissal claim from ADHD sufferer – Local Government Lawyer

Posted February 21st, 2020 in disability discrimination, disabled persons, employment, employment tribunals, local government, news, sick leave, unfair dismissal by sally

‘A refuse collector has lost his claim for disability discrimination against Bristol Waste, a wholly-owned operation of Bristol City Council.’

Local Government Lawyer, 20th February 2020

Source: www.localgovernmentlawyer.co.uk

‘The victimisation was horrible’: why are so many disabled lawyers treated badly? – The Guardian

Posted February 12th, 2020 in bullying, disability discrimination, disabled persons, equality, law firms, legal profession, news, solicitors by sally

‘A new study says that more than half of disabled lawyers have experienced bullying or discrimination at work.’

The Guardian, 11th February 2020

Source: www.theguardian.com

Capacity Issues in the Employment Tribunal – Littleton Chambers

Posted February 11th, 2020 in disabled persons, employment tribunals, mental health, news by sally

‘Employment tribunals have particular expertise in dealing with matters relating to disability, including mental health conditions, and are generally well-equipped to ensure that litigants with mental health conditions are able to participate in proceedings to the fullest extent possible.’

Littleton Chambers, 10th February 2020

Source: www.littletonchambers.com

Firm sacked paralegal days after emergency bowel surgery – Law Society’s Gazette

Posted February 7th, 2020 in disability discrimination, disabled persons, employment, employment tribunals, equality, law firms, medical treatment, news, paralegals by tracey

‘ Birmingham firm who dismissed a worker within days of him leaving hospital post-surgery have been found in breach of employment law by a tribunal.’

Law Society's Gazette, 6th February 2020

Source: www.lawgazette.co.uk

High Court hears JR over extending QOCS to Equality Act claims – Litigation Futures

Posted February 4th, 2020 in costs, disabled persons, equality, Equality and Human Rights Commission, judicial review, news by sally

‘Qualified one-way costs shifting should be extended to people pursuing claims under the Equality Act, the High Court heard last week.’

Litigation Futures, 3rd February 2020

Source: www.litigationfutures.com

Government loses court appeal over short-changing disabled benefit claimants – The Independent

Posted January 30th, 2020 in appeals, benefits, disability discrimination, disabled persons, news by tracey

‘The government has lost two appeals against court judgments that found the Department for Work and Pensions (DWP) had unlawfully discriminated against thousands of severely disabled people who were moved on to universal credit.’

The Independent., 29th January 2020

Source: www.independent.co.uk

Disabled lawyers “face daily discrimination” – Legal Futures

Posted January 24th, 2020 in barristers, disability discrimination, disabled persons, equality, law firms, legal profession, news, paralegals, solicitors, statistics by tracey

‘Disabled lawyers face both overt and “unconscious” discrimination on a daily basis, such as “rituals, practices and attitudes that exclude or undermine them”, according to research published today.’

Legal Futures, 24th February 2020

Source: www.legalfutures.co.uk

“Chilling” failures to comply with the Mental Capacity Act – Doughty Street Chambers

Posted January 22nd, 2020 in care orders, carers, codes of practice, disabled persons, guardianship, learning difficulties, local government, news by sally

‘In A (Fact-Finding), HHJ Clayton strongly criticised, and awarded costs against, a local authority and Clinical Commissioning Group after their pursuit of a fundamentally flawed approach to the best interests of P, a young man with a severe global delay, who was unable to communicate verbally.’

Doughty Street Chambers, 20th January 2020

Source: insights.doughtystreet.co.uk

Former lawyer sentenced for benefit fraud – Crown Prosecution Service

Posted January 13th, 2020 in benefits, disabled persons, fraud, news, sentencing by tracey

‘A former lawyer who said he could not walk without help, but was spotted driving a miniature locomotive, has been sentenced for benefit fraud.’

Crown Prosecution Service, 10th January 2020

Source: www.cps.gov.uk

«
1
…
18
19
20
21
22
23
24
25
26
27
28
…
53
»

Categories

Archives