Law firm did not discriminate against menopausal apprentice – Legal Futures

‘A law firm did not discriminate against a legal secretary turned apprentice with menopausal symptoms on the grounds of disability or sex, an employment tribunal has ruled.’

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Legal Futures, 6th April 2021

Source: www.legalfutures.co.uk

Algorithms and Education: A New Frontier of Discrimination? – Oxford Human Rights Hub

‘In this brief post, I want to demonstrate how ostensibly neutral and efficient algorithms can cause discrimination in education. Last year, the national advanced level qualifications (“A-levels”) exams in the UK that lead to places in university, further study, training, or work had to be cancelled because of school closures owing to the COVID-19 pandemic. In mitigation, the Office of Qualifications and Examinations Regulation (“Ofqual”) asked teachers to supply an estimated grade for each student and a ranking that compared with every other student at the school within the same estimated grade. This data went into an algorithm that also factored the school’s performance in the subject over the previous three years. The animating purpose behind the algorithm was to avoid ‘grade inflation’ and ensuring consistency with previous year’s results. When the grades were announced, the outcome was devastating for many. In England, Wales and Northern Ireland, nearly 40% of results were lower than teachers’ assessments. The effects of “downgraded” results were disproportionately felt in comparatively poorly resourced state schools.’

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Oxford Human Rights Hub, 15th March 2021

Source: ohrh.law.ox.ac.uk

R (Blundell & Ors) v SSWP; R (Day) v SSWP – Equality Law Blog

‘The Claimants unsuccessfully challenged the Defendant’s policy of making deductions at a fixed rate from universal credit (UC) to pay off criminal fines. So far as relevant here, the claim alleged breach of the PSED (s149 Equality Act 2010) and unlawful indirect disability discrimination. The latter claim failed on the evidence, Kerr J pointing out that it would more suitably have been brought in the county court. The Judge did accept that the Defendant had breached the PSED but ruled against the claimants on the basis that compliance with the PSED would very likely have made no difference and that, therefore, s31A of the Senior Courts Act 1981 defeated the claim.’

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Equality Law Blog, 22nd March 2021

Source: equalitylawblog.com

Covid: Blind woman forces government action in shielding case – BBC News

‘A blind woman who was sent a shielding letter she could not read has won “promising” commitments from the government after a legal challenge.’

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BBC News, 19th March 2021

Source: www.bbc.co.uk

Widow sues NHS over deaf husband’s ‘diabolical’ care – The Guardian

‘A woman is taking legal action against an NHS trust over the “diabolical” and discriminatory treatment of her profoundly deaf husband, who died of cancer in May last year.’

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The Guardian, 7th March 2021

Source: www.theguardian.com

Housing allocation and Catch-22 – Law Society’s Gazette

‘In his comically surreal war novel, Joseph Heller explained the paradox of Catch-22: “A concern for one’s safety in the face of dangers that were real and immediate was the process of a rational mind.” For if you flew more missions you were crazy and did not have to. But if you did not want to you were sane and had to. In other words, a no-win situation.

This was unfortunately the position faced by Mrs Habibo Nur (Mrs Nur), a Birmingham City Council housing applicant with three adult daughters including one, Zakiya, who has learning difficulties and suffers from cerebral palsy. Zakiya consequently requires support with daily living activities and has been assessed as needing a level access shower, access to stairs with bilateral handrails and accommodation with a downstairs toilet.’

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Law Society's Gazette, 25th January 2021

Source: www.lawgazette.co.uk

Paul Lamb: Paralysed Leeds man urges government inquiry – BBC News

Posted November 26th, 2020 in assisted suicide, disability discrimination, disabled persons, inquiries, news by tracey

‘A paralysed former builder has called for an inquiry into assisted dying after losing the latest in a series of bids to challenge the law on the issue.’

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BBC News, 25th November 2020

Source: www.bbc.co.uk

Disability, Delusions and Definitions – Parklane Plowden

‘Employees that suffer from a disability so defined are protected against various forms of discrimination because of that status. Employers facing claims of such discrimination must assess whether a Tribunal will find that the employee was in fact, during the relevant period, disabled and, if so, whether it knew or reasonably ought to have known of that fact. It is common for employers to concede the fact of disability.’

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Parklane Plowden Chambers, 4th November 2020

Source: www.parklaneplowden.co.uk

Disability Discrimination Act: The disabled activists who brought London to a halt – BBC News

‘Twenty-five years ago the Disability Discrimination Act was passed, a landmark piece of legislation which ensured, for the first time, that disabled people had civil rights.’

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BBC News, 8th November 2020

Source: www.bbc.co.uk

Homeworking now a “reasonable adjustment” for disabled lawyers – Legal Futures

‘Employment tribunals may in future need to recognise that homeworking has become an established “reasonable adjustment” to working practices for disabled people, including lawyers, a webinar heard last week.’

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Legal Futures, 9th November 2020

Source: www.legalfutures.co.uk

Viewpoint: Disability laws are 25 years old, what next? – BBC News

Posted November 9th, 2020 in disability discrimination, disabled persons, equality, legal history, news by sally

‘It’s 25 years since the Disability Discrimination Act became law, but the campaign for equality goes on.’

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BBC News, 9th November 2020

Source: www.bbc.co.uk

Is a philosophical belief in Stoicism a protected belief under section 10 of the Equality Act? Yes it is, says London South Employment Tribunal – 3PB

‘C was dismissed for refusing to apologise for offending his colleagues. C’s position was that he had mixed up his words due to his dyslexia. The offence that he had caused was unintentional. He had refused to apologise, or to apologise sufficiently, for that reason. He asserted that he was being required to communicate in a way that could not be misinterpreted, and that as a Stoic this was something that he could not do.’

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3PB, 7th October 2020

Source: www.3pb.co.uk

Crimes linked to race and religion rise in England and Wales – The Guardian

‘The number of racially or religiously aggravated offences in England and Wales rose in June and July, most likely linked to Black Lives Matters rallies and far-right counter-protests, the Home Office has said.’

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The Guardian, 13th October 2020

Source: www.theguardian.com

Disabled homeless man wins ‘no DSS’ case against estate agency – The Guardian

‘A homeless father of four with disabilities who was refused the chance to rent a private flat because he fell foul of the estate agents’ “no DSS” rules was unlawfully discriminated against, a court has ruled.’

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The Guardian, 9th September 2020

Source: www.theguardian.com

Grammar school discriminated against visually impaired child, tribunal finds – The Guardian

‘Grammar schools in England will have to ensure their 11-plus entrance exams are accessible to disabled pupils, after a legal ruling found a visually impaired child suffered discrimination when he was refused the opportunity to take the exam.’

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The Guardian, 9th September 2020

Source: www.theguardian.com

Oxford Union: Blind student removed from debate compensated – BBC News

‘A blind student who was “violently” removed from the Oxford Union debating society has been paid compensation.’

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BBC News, 2nd September 2020

Source: www.bbc.co.uk

Benefit claimants face landlord discrimination despite ruling – BBC News

‘Thousands of landlords are trying to avoid renting their properties to benefit claimants, despite a judge ruling a blanket ban was unlawful.’

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BBC News, 28th August 2020

Source: www.bbc.co.uk

Mayor defeats Court of Appeal challenge to removal of congestion charge exemption from minicab drivers – Local Government Lawyer

‘The Court of Appeal has found for the Mayor of London Sadiq Khan in a case brought by minicab drivers, despite judges being troubled by aspects of his actions.’

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Local Government Lawyer, 13th August 2020

Source: www.localgovernmentlawyer.co.uk

Is it an error of law to consider the requirements of s6 EQA in a sequential order? No, says the EAT in Khorochilova v Euro Rep Ltd UKEAT/0266/19/DA – 3PB

‘Following her summary dismissal for gross misconduct, the Claimant brought various claims against her former employer, including a claim of disability discrimination. A preliminary hearing was listed in July 2017 to determine whether she was disabled at the material time. The Claimant identified her disability as ‘Mixed Personality Disorder’, which she said, made her ‘somewhat obsessive’ and a bit of a ‘perfectionist’. She relied upon a report prepared by a Consultant Psychiatrist, Dr Schuff, which had been prepared at some point in 2010. Dr Schuff declined to diagnose the Claimant as having a multiple personality disorder but described her as suffering with ‘problematic personality traits’. There was no reference to mixed personality disorder within the Claimant’s GP records until after she was dismissed.’

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3PB, 3rd August 2020

Source: www.3pb.co.uk

Can a Tribunal use the “but for” test to decide whether a claimant was treated unfavourably because of something arising in consequence of their disability? – 3PB

‘The answer remains, “No”, on the authority of this recent Court of Appeal decision, which has particular relevance for cases where a disabled Claimant complains that a failure to make adjustments for them, in a timely fashion, has caused them undue stress and suffering.’

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3PB, 3rd August 2020

Source: www.3pb.co.uk