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

Judges Rule Abortion Law On Disability Does Not Violate Human Rights – Each Other

Posted September 29th, 2021 in abortion, birth, disability discrimination, disabled persons, equality, human rights, news by sally

‘The High Court has ruled against a legal challenge from a woman with Down’s syndrome which argued that permitting abortion up until birth for a foetus with certain disabilities is unlawfully discriminatory.’

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Each Other, 28th September 2021

Source: eachother.org.uk

Government faces legal challenge from pupil with SEN over “unfair” use of PCR testing in schools – Local Government Lawyer

‘The parents of a 15-year-old pupil with special educational needs and disabilities have instructed lawyers to challenge the lawfulness of government guidance to schools on Covid-19 testing, arguing that it should be urgently revised to enable pupils with disabilities to take less intrusive saliva tests.’

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Local Government Lawyer, 28th September 2021

Source: www.localgovernmentlawyer.co.uk

To jab or not to jab? Covid vaccination dilemmas – Law Society’s Gazette

‘The main challenges to compulsory vaccination policies come from unfair dismissal and discrimination law. Unfair dismissal claims are available to employees with two years’ service. Claims would hinge upon the issue of whether an employee’s refusal to comply with a vaccination policy is a ‘substantial reason’ sufficient to justify their dismissal.’

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Law Society's Gazette, 27th September 2021

Source: www.lawgazette.co.uk

Woman with Down’s loses abortion law fight – BBC News

‘A woman with Down’s syndrome has lost her High Court challenge over a law that allows abortion up to birth for a foetus with the condition.’

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BBC News, 23rd September 2021

Source: www.bbc.co.uk

Tribunal declines to strike out pupillage discrimination claim – The Guardian

‘An employment tribunal has refused to strike out a claim that a chambers discriminated against a pupillage applicant even though it has “little reasonable chance” of succeeding.’

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Legal Futures, 21st September 2021

Source: www.legalfutures.co.uk

Judge rules Little Mix concert promoter discriminated against group of deaf mothers at 2017 concert – The Independent

‘A judge has ruled that a concert promoter for Little Mix discriminated against a group of deaf mothers in 2017.’

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The Independent, 17th September 2021

Source: www.independent.co.uk

Staying away from work because of Covid: a trap for employers? – Local Government Lawyer

‘Hari Menon looks at the problems that arise for employers where an employee stays away from work, pointing to the risks to his health from potentially contracting Covid.’

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Local Government Lawyer, 3rd September 2021

Source: www.localgovernmentlawyer.co.uk

A constructive dismissal is, in principle, capable of constituting an act of harassment, within the meaning of section 26 of the Equality Act 2010 – 3PB

‘The EAT’s earlier decision in Timothy James Consulting Ltd v Wilton [2015] IRLR 368 had been decided per incuriam European Directives and domestic case law, in the light of which it was “manifestly wrong”. In so far as Wilton had decided that a constructive dismissal could not itself amount to an act of unlawful harassment within the meaning of section 26 of the Equality Act 2010 (“EqA”), it would not be followed.’

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3PB, August 2021

Source: www.3pb.co.uk

PDS employee dismissed after work with murderer awarded £100k – Legal Futures

‘The Public Defender Service (PDS) has been ordered to pay £100,000 in compensation to an employee unfairly dismissed after suffering post-traumatic stress disorder (PTSD) due to her work debriefing a murderer.’

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Legal Futures, 23rd August 2021

Source: www.legalfutures.co.uk

York Council Accused Of Breaching Equality Duty – Each Other

‘Disability activists allege that City of York Council have breached their legal duty to promote equality by seeking to expand their “footstreets” scheme, which would permanently pedestrianise the city centre and potentially limit access for disabled patrons.’

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Each Other, 16th August 2021

Source: eachother.org.uk

Equality laws could be changed to protect women in menopause, says MP – The Guardian

‘Changing equality legislation to protect women going through the menopause should “not be ruled” out, according to the chair of a group of MPs leading an inquiry into discrimination on the issue.’

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The Guardian, 18th August 2021

Source: www.theguardian.com

Disabled claimant nets permission for judicial review challenge over Hampstead Ponds charging regime – Local Government Lawyer

‘A High Court judge has given a disabled swimmer permission to bring a judicial review challenge over the new charging regime for Hampstead Ponds.’

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Local Government Lawyer, 10th August 2021

Source: www.localgovernmentlawyer.co.uk

Employer reasonable adjustment requirements highlighted in pay dispute – OUT-LAW.com

‘A recent ruling by the Employment Appeal Tribunal (EAT) provides useful guidance for employers about their obligations to make ‘reasonable adjustments’ to pay to account for employee disability, an employment law expert has said.’

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OUT-LAW.com, 6th August 2021

Source: www.pinsentmasons.com

Why Is Disability Hate Crime So Hard To Prove? – Each Other

‘Under UK law, something is deemed a hate incident if the victim or anyone else thinks it was motivated by hostility or prejudice based on disability, race, religion, gender identity or sexual orientation. It then becomes a hate crime if it crosses the boundary of criminality.’

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Each Other, 3rd August 2021

Source: eachother.org.uk

Downing Street Covid briefings excluded deaf BSL users, judge finds – The Guardian

‘Downing Street’s failure to provide British Sign Language interpreters during live Covid briefings was discriminatory and breached equality legislation, a high court judge has ruled.’

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The Guardian, 28th July 2021

Source: www.theguardian.com

Inaccessible Venues Are Infringing On Disability Rights – Each Other

‘Popular West End musical Six has drawn criticism from disability activists after announcing that it is moving from the Lyric Theatre to the Vaudeville theatre, which lacks accessible facilities for disabled people.’

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Each Other, 16th July 2021

Source: eachother.org.uk

Disabled People’s Employment Are Being Affected by Inequalities – Each Other

‘Despite a pledge to get one million more disabled people into work, the disability employment gap has widened during the pandemic.’

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Each Other, 14th July 2021

Source: eachother.org.uk

Woman with Down’s syndrome takes Sajid Javid to court over abortion law – The Guardian

‘Allowing pregnancy terminations up to birth if the foetus has Down’s syndrome is discriminatory and stigmatises disabled people, the high court has heard.’

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The Guardian, 6th July 2021

Source: www.theguardian.com

Disabled woman begins legal action over Hampstead ponds fees – The Guardian

‘A woman who swims regularly in the Hampstead ponds is taking legal action against the City of London Corporation, claiming that the new charging regime discriminates against disabled people.’

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The Guardian, 1st July 2021

Source: www.theguardian.com