Staff at Home Office contractors sue over discrimination and unfair dismissal – The Guardian

‘Dozens of security staff who detain and deport people for the Home Office are taking legal action over race, sex, disability discrimination and unfair dismissal, the Guardian has learned.’

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The Guardian, 21st September 2022

Source: www.theguardian.com

Unfavourable Treatment and section 15 Equality Act 2010 – Local Government Lawyer

‘Peter Doughty unpacks the decision in Michael Cowie and Others v Scottish Fire and Rescue Service [2022] EAT 121, which involved a Special Leave scheme set up during the pandemic.’

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Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk

Permanent exclusion decisions and disability discrimination claims – Local Government Lawyer

‘The First-tier Tribunal (SEND) has no power to stay a permanent exclusion decision pending the final hearing of a disability discrimination claim, the Upper Tribunal confirmed. Katherine Anderson analyses the judgment.’

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Local Government Lawyer. 19th August 2022

Source: www.localgovernmentlawyer.co.uk

Major change to taxi and private hire vehicle accessibility legislation comes into force – Local Government Lawyer

‘The Taxis and Private Hire Vehicles (Disabled Persons) Act 2022 – described as “the most significant change to taxi accessibility legislation since the Equality Act was introduced 12 years ago” – has come into force.’

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Local Government Lawyer, 5th July 2022

Source: www.localgovernmentlawyer.co.uk

Court of Appeal Refuses Permission to Judicially Review Infected Blood Compensation Scheme – Quarterly Medical Law Review

‘In a judgment handed down on 4 February 2022, the Court of Appeal dismissed an appeal for permission to apply for judicial review concerning the lawfulness of the England Infected Blood Support Scheme (EIBSS) (the “Scheme”). The Court of Appeal concluded that the Scheme’s exclusion of those infected with hepatitis B was not discriminatory. In any event, the Secretary of State’s justification for who was to be compensated under the ex gratia Scheme was to be given a wide margin of appreciation by the courts.’

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Quarterly Medical Law Review , 24th June 2022

Source: 1corqmlr.com

Long Covid is a disability, tribunal rules in landmark case – Daily Telegraph

‘Long Covid is a disability, a tribunal has ruled in what employment experts say could result in a “significant increase” in the number of claims brought by people suffering with the syndrome.’

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Daily Telegraph, 20th June 2022

Source: www.telegraph.co.uk

‘Cat ban’ case could provide Equality Act clarity for service providers – OUT-LAW.com

‘A case brought by an autistic man against a UK supermarket chain for refusing entry to his assistance cat could help to clarify a complex area of equality law, according to one legal expert.’

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OUT-LAW.com, 6th June 2022

Source: www.pinsentmasons.com

The Government’s Social Care Cap ‘Discriminates’ Against Disabled People – Each Other

‘In the UK, social care that is provided by councils is “means-tested”. This means that those whose income or capital is above a particular threshold are charged in part or in full for their care. People who need residential care or long-term support can pay many thousands of pounds for care over their lifetime, with some having to sell their home to pay for this.’

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Each Other, 27th May 2022

Source: eachother.org.uk

R (Sheakh) v Lambeth London Borough Council – Equality Law Blog

‘The Court of Appeal dismissed an appeal, based on the PSED, from the order of Kerr LJ refusing the claimant’s application for statutory and judicial review of experimental traffic orders (ETOs) creating Low Traffic Neighbourhoods which had been made by the respondent.’

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Equality Law Blog, 24th May 2022

Source: equalitylawblog.com

System failure led to default judgment against leading law firm – Legal Futures

‘Leading legal aid firm Duncan Lewis has been ordered to pay a former director costs of £6,500 for setting aside a default employment tribunal judgment caused by its internal failures.’

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Legal Futures, 13th April 2022

Source: www.legalfutures.co.uk

DWP faces legal action over use of algorithm in decisions over fraud investigations – Local Government Lawyer

‘The Greater Manchester Coalition of Disabled People (GMCDP) and non-profit legal group Foxglove have sent the Department for Work & Pensions (DWP) a letter before action over its use of a computer algorithm when deciding on who should be investigated for fraud.’

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Local Government Lawyer, 23rd February 2022

Source: www.localgovernmentlawyer.co.uk

Court of Appeal refuses permission to judicially review infected blood compensation scheme – UK Human Rights Blog

‘CN v Secretary of State for Health and Social Care [2022] EWCA Civ 86. In a judgment handed down on 4 February 2022, the Court of Appeal dismissed an appeal for permission to apply for judicial review concerning the lawfulness of the England Infected Blood Support Scheme (EIBSS) (the “Scheme”). The Court of Appeal concluded that the Scheme’s exclusion of those infected with hepatitis B was not discriminatory. In any event, the Secretary of State’s justification for who was to be compensated under the ex gratia Scheme was to be given a wide margin of appreciation by the courts.’

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UK Human Rights Blog, 21st February 2022

Source: ukhumanrightsblog.com

Reforms to protect disabled and LGBT+ victims, criminalise extremist misogynist ‘incel’ hate material, and safeguard free speech – Family Law

‘The Law Commission has announced recommendations to reform hate crime legislation to ensure that disabled and LGBT+ victims receive the same protections as victims with other protected characteristics (race and religion). If enacted, the reforms would ensure all five characteristics are protected equally by the law.’

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Family Law, 27th January 2022

Source: www.familylaw.co.uk

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

‘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

‘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

‘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

‘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

‘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

‘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