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

‘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

Comments Off

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

‘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

Comments Off

The public sector equality duty and priority need – NearlyLegal

‘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

Comments Off

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

‘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

Comments Off

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

‘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

Comments Off

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

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

Comments Off

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

‘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

Comments Off

Ignoring the Court of Appeal? – NearlyLegal

‘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

Comments Off

Room for manoeuvre – Hardwicke Chambers

‘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

Comments Off

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

‘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

Comments Off

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

‘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

Comments Off

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

Comments Off

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

Comments Off

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

‘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

Comments Off

Employers must not ‘rubber stamp’ opinion of adviser on disability: CoA – Local Government Lawyer

‘Employers “cannot simply rubber stamp” an occupational health adviser’s opinion that an employee is not disabled, the Court of Appeal has ruled in a case involving a local authority.’

Full story

Local Government Lawyer, 11th December 2013

Source: www.localgovernmentlawyer.co.uk

Comments Off

DWP says regulations implementing Gorry ruling in force next week – Local Government Lawyer

‘The Department of Work & Pensions has published a circular to local authorities confirming that new regulations implementing the Court of Appeal’s ruling in the Gorry case will come into force next week.’

Full story

Local Government Lawyer, 27th November 2013

Source: www.localgovernmentlawyer.co.uk

Comments Off

The “bedroom tax” and human rights – Hardwicke Chambers

“At a time when Theresa May has declared that a future Conservative Government would repeal the Human Rights Act 1998 (‘the Act’) and the Justice Secretary, Chris Grayling, is leading a review of the UK’s relationship with the European Court on Human Rights, it is heartening that the judiciary is prepared to apply the Act in a manner which, surely, will attract widespread public support.”

Full story

Hardwicke Chambers, 8th November 2013

Source: www.hardwicke.co.uk

Comments Off

Student litigation – Choosing the right words – Hardwicke Chambers

“The case of Mr John Scarborough v Canterbury Christ Church University (Scarborough) which was recently decided carries potentially significant implications in terms of bringing a case that may fall under separate heads of action.This article discusses this decision and its practical effect on future litigation.”

Full story

Hardwicke Chambers, 7th November 2013

Source: www.hardwicke.co.uk

Comments Off

Mental impairment. How does the employer know? Cox v Essex County Fire and Rescue Service – 13 KBW Employment

“When facing a reasonable adjustments claim one of the first lines of defence for an employer is knowledge. An employer can avail itself of the defence of lack of knowledge of the disability (s.20 of Sch 8 of the Equality Act 2010) if it did not know, and could not reasonably have been expected to know, that the person had a disability. The defence is an impenetrable shield and often forms a key battleground at trial.”

Full story

13 KBW Employment, 18th November 2013

Source: www.13kbwemployment.wordpress.com

Comments Off

Zulhayir v JJ Food Service Ltd – WLR Daily

Zulhayir v JJ Food Service Ltd: [2013] EWCA Civ 1226;   [2013] WLR (D)  396

“For an appeal to succeed on the ground of perversity an overwhelming case had to be made out that the court or tribunal below had reached a decision which no reasonable tribunal, on a proper appreciation of the evidence and the law, would have reached.”

WLR Daily, 16th October 2013

Source: www.iclr.co.uk

Comments Off