Transgender van driver sues for gig economy discrimination – BBC News

Posted July 17th, 2018 in bullying, employment, harassment, news, transgender persons by tracey

‘A transgender woman who worked as a van driver in the gig economy is bringing a discrimination claim against courier company Gnewt Cargo.’

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BBC News, 17th July 2018

Source: www.bbc.co.uk

Safestyle UK: Window firm fined for ‘aggressive sales’ – BBC News

Posted July 17th, 2018 in advertising, consumer protection, fines, news, regulations by tracey

‘A double-glazing windows and doors firm which used aggressive sales techniques and lied to customers to secure sales has been fined £120,000. Sheffield Crown Court heard Safestyle UK employees used a variety of “unlawful business practices” to apply pressure to homeowners.

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BBC News, 16th July 2018

Source: www.bbc.co.uk

ICC crime of aggression comes into effect without key signatories – The Guardian

Posted July 17th, 2018 in crime, international courts, news, treaties, war crimes by tracey

‘A crime of aggression, under which politicians and military leaders can be held individually responsible for invasions and other major attacks, comes into force at the international criminal court, reviving global legal powers last exercised at the Nuremburg and Tokyo war crimes trials of the 1940s. Claims alleging that armed force has been used against the “sovereignty, territorial integrity or political independence” of another state can, from Tuesday, be taken to the tribunal in The Hague.’

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The Guardian, 17th July 2018

Source: www.theguardian.com

Failure to enforce law means older workers face discrimination – report – The Guardian

Posted July 17th, 2018 in age discrimination, elderly, employment, enforcement, news, reports by tracey

‘Government ministers and Britain’s equalities watchdog are failing to save more than a million older workers from discrimination, bias and outdated employment practices, according to a group of MPs. In a highly critical report for the government, the women and equalities committee said the talents of older workers were going to waste because too little was being done to enforce discrimination law.’

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The Guardian, 17th July 2018

Source: www.theguardian.com

Editing human embryos ‘morally permissible’ – BBC News

Posted July 17th, 2018 in assisted reproduction, embryology, news, reports by tracey

‘An inquiry into the ethical issues surrounding genetically altering a human embryo has found there is “no absolute reason not to pursue it”. But appropriate measures must be put in place before it becomes UK law, said the report – which calls for further research both medically and socially.’

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BBC News, 17th July 2018

Source: www.bbc.co.uk

Rape and domestic violence victims at risk as police fail to record tens of thousands of crimes, watchdog finds – The Independent

Posted July 17th, 2018 in crime, domestic violence, news, police, rape, sexual offences, statistics, victims by tracey

‘Victims are being left at risk by the police’s failure to investigate tens of thousands of crimes, including rape, violence and domestic abuse, a watchdog has warned.HM Inspectorate of Constabulary (HMIC) found that almost one in five crimes reported to Lincolnshire Police were not being formally recorded, meaning they are not investigated and victims cannot access support.’

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The Independent, 17th July 2018

Source: www.independent.co.uk

MPs’ anti-bullying rules will cover Speaker, Leadsom suggests – The Guardian

Posted July 17th, 2018 in bullying, news, parliament, professional conduct by tracey

‘New rules to stop MPs from bullying and harassing staff will cover the office of the Speaker, meaning that any future complaints about John Bercow would have to be investigated, the leader of the Commons has suggested.’

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The Guardian, 17th July 2018

Source: www.theguardian.com

Alex Salmond Show tweets misled audience, says watchdog Ofcom – BBC News

Posted July 17th, 2018 in complaints, media, news by tracey

‘The Alex Salmond Show on Kremlin-backed TV channel RT breached broadcasting rules, media watchdog Ofcom has ruled. The regulator investigated “audience tweets” used in the former Scottish first minister’s show on the Russian broadcaster, which aired last year. It found they were presented as having come from viewers, but most were posted by people working on the programme.’

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BBC News, 16th July 2018

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted July 16th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Orexim Trading Ltd v Mahavir Port And Terminal Private Ltd & Ano [2018] EWCA Civ 1660 (13 July 2018)

Royal Mencap Society v Tomlinson-Blake [2018] EWCA Civ 1641 (13 July 2018)

High Court (Administrative Court)

TW, SW, and EM, R (On the Application Of) v London Borough Of Hillingdon [2018] EWHC 1791 (Admin) (13 July 2018)

KG, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 1767 (Admin) (13 July 2018)

AS, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWHC 1792 (Admin) (13 July 2018)

Jones, R (on the application of) v Criminal Cases Review Commission [2018] EWHC 1798 (Admin) (13 July 2018)

High Court (Chancery Division)

Mercato Sports (UK) Ltd & Anor v The Everton Football Club Company Ltd [2018] EWHC 1567 (Ch) (12 July 2018)

High Court (Commercial Court)

Single Buoy Moorings Inc v Aspen Insurance UK Ltd [2018] EWHC 1763 (Comm) (13 July 2018)

Dera Commercial Estate v Derya Inc [2018] EWHC 1673 (Comm) (13 July 2018)

PAO Tatneft v Ukraine [2018] EWHC 1797 (Comm) (13 July 2018)

Source: www.bailii.org

What’s another decade? – Nearly Legal

Posted July 16th, 2018 in housing, judicial review, local government, news by tracey

‘TW, SW, and EM, R (On the Application Of) v London Borough Of Hillingdon (2018) EWHC 1791. This was a judicial review of Hillingdon’s allocation scheme and in particular, the thresholds for eligibility for inclusion on the housing list set by Hillingdon.’

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Nearly Legal, 15th July 2018

Source: nearlylegal.co.uk

Facing up to it – Nearly Legal

‘Kamara v London Borough Of Southwark (2018) EWCA Civ 1616. In Makisi & Ors v Birmingham City Council (2011) EWCA Civ 355 (our report), the Court of Appeal decided that the right to make ‘oral submissions’ in response to a ‘minded to’ letter under 8(2) of the 1999 Review Procedures Regulations meant a right to request ‘face to face’ advocacy in making representations. In these three joined appeals, the sole issue was whether this meant that the ‘minded to’ to letter had to specify the right to a face to face meeting for representations.’

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Nearly Legal, 15th July 2018

Source: nearlylegal.co.uk

Rulings clarify scope of employers’ disability duties – OUT-LAW.com

Posted July 16th, 2018 in disabled persons, employment, equality, news by tracey

‘ Doing the right thing by disabled employees may require more than mere compliance with the minimum requirements set out in equalities law.’

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OUT-LAW.com, 13th July 2018

Source: www.out-law.com

To re-score or not to re-score: procurement challenge of health care services tender – Practical Law: Construction Blog

Posted July 16th, 2018 in community care, health, news, public procurement by tracey

‘Stuart-Smith J’s judgment in Lancashire Care NHS Foundation Trust & Blackpool Teaching Hospitals NHS Foundation Trust v Lancashire County Council provides helpful guidance on how not to conduct moderation meetings and highlights the defendant’s failure to provide adequate reasons for its decision making. What it does not provide is a finding on who deserved to win the contract.’

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Practical Law: Construction Blog, 16th July 2018

Source: constructionblog.practicallaw.com

Care provider wins Court of Appeal battle over sleep-in shifts and minimum wage – Local Government Lawyer

Posted July 16th, 2018 in care workers, minimum wage, news by tracey

‘The National Minimum Wage (NMW) does not apply to sleep-in shifts unless the worker is awake for the purpose of working, the Court of Appeal has reportedly ruled. It has been estimated that if Mencap, the appellant, had lost the case, it would have cost the care sector an estimated £400m in back-dated pay and £200m a year from 2020.’

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Local Government Lawyer, 13th July 2018

Source: www.localgovernmentlawyer.co.uk

“Significant barriers” exist for disabled lawyers – Legal Futures

Posted July 16th, 2018 in disabled persons, legal profession, news by tracey

‘Disabled people seeking employment or working in the legal profession are “an untapped resource”, according to ground-breaking research. It found a profession not set up to accommodate the needs of disabled people in or wanting to join the profession.’

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Legal Futures, 16th July 2018

Source: www.legalfutures.co.uk

The scale and drivers of attrition in reported fraud and cyber crime – Home Office

Posted July 16th, 2018 in computer crime, fraud, reports by tracey

‘Outlines findings from a research study looking at the level of attrition in fraud and cyber crime cases reported to Action Fraud..’

Full report

Home Office, 16th July 2018

Source: www.gov.uk/home-office

Care home boss who stole millions from residents jailed – Crown Prosecution Service

‘The owner of a care home who tried to defraud residents out of £4.1million by isolating them from their families and persuading them to make him a beneficiary of their wills has been jailed today.’

Full press release

Crown Prosecution Service, 13th July 2018

Source: www.cps.gov.uk

Achieving sea-change: criminal disclosure failures – Counsel

Posted July 16th, 2018 in Crown Prosecution Service, disclosure, news, prosecutions, reports by tracey

‘Too little, too late? As the CPS publishes its disclosure review, Narita Bahra and Fiona Robertson assess whether its assurances and safeguards can possibly achieve the pledged sea change.’

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Counsel, July 2018

Source: www.counselmagazine.co.uk

Reaching the point of no [search] return – Counsel

Posted July 16th, 2018 in criminal records, data protection, internet, news by tracey

‘Google fail? Heather Rogers QC puts the legal record straight on the first two ‘right to be forgotten’ cases – tried under the twilight data protection regime but with issues far from resolved.’

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Counsel, July 2018

Source: www.counselmagazine.co.uk

Widowed father ordered to leave UK against advice of Home Office’s own lawyers – The Guardian

Posted July 16th, 2018 in bereavement, carers, children, immigration, news, terrorism by tracey

‘A widower who is the sole carer of his four-year-old son has been forbidden to work and ordered to leave the country – even though the Home Office’s own lawyers advised them to drop the case.’

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The Guardian, 16th July 2018

Source: www.theguardian.com