‘National disgrace’: Hundreds of disabled people detained in UK hospitals for more than 10 years – The Independent

‘More than 350 people with special needs have been detained in hospitals for more than 10 years, analysis has revealed.’

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The Independent, 8th December 2019

Source: www.independent.co.uk

The Future Could Be Accessible, But Only If All Disability Shortlists Are Made Legal – Oxford Human Rights Hub

‘Tuesday 3 December marked the International Day of Persons with Disabilities (IDPWD), but with only one week to go until the UK General Election, the prospects of sufficient Members of Parliament with disabilities being elected looks dismal. The theme of the 2019 IDPWD is ‘The Future is Accessible’, examining what barriers need to be removed to enable full inclusion of people with disabilities. Reforming Section 104 of the Equality Act 2010 on selection of candidates to allow for All Disability Shortlists would remove a significant barrier. The legitimacy of our democracy and political engagement by disabled people requires it.’

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Oxford Human Rights Hub, 5th December 2019

Source: ohrh.law.ox.ac.uk

Legal advice privilege – 3PB

Posted December 4th, 2019 in admissibility, disability discrimination, evidence, news, privilege, redundancy by sally

‘The Claimant was employed as a Senior Legal Counsel by Shell until his dismissal, allegedly for redundancy, in January 2017. Whilst employed by Shell, he submitted a grievance and commenced an employment tribunal claim (“the First Claim”) for disability discrimination. In March 2017, he commenced a second ET claim (“the Second Claim). In broad terms, he alleged that Shell relied on a planned re-organisation of its in-house legal department as a pretext by which to terminate his employment by way of redundancy such that his dismissal was unfair, and that this was also unlawful discrimination and victimisation as a result of the First Claim and his grievance.’

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3PB, 4th November 2019

Source: www.3pb.co.uk

Disabled workers paid 12% less, ‘damning’ UK official figures show – The Guardian

‘Disabled people continue to face prejudice in the workplace campaigners have said, after latest government figures showed they were paid on average 12.2% less than those without impairments, equivalent to £1.48 an hour.’

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The Guardian, 2nd December 2019

Source: www.theguardian.com

Tribunals and human rights – Nearly Legal

‘The question of the powers of the First Tier and Upper Tribunals (and indeed initial decision makers) to disapply secondary legislation where there is a breach of the appellant’s human rights has reached the Supreme Court. The decision has some far reaching implications for bedroom tax appeals and beyond.’

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Nearly Legal, 15th November 2019

Source: nearlylegal.co.uk

Bedroom tax, sanctuary schemes and human rights redux – Nearly Legal

Posted October 29th, 2019 in benefits, disability discrimination, domestic violence, housing, human rights, news by tracey

‘Case of J. D. and A. v United Kingdom 32949/17 34614/17. The Supreme Court (Lady Hale and Lord Carnwath dissenting) found justified discrimination in imposing the bedroom tax on a woman who, as a result of domestic violence, had had her home treated under the Sanctuary Scheme to include the modification of the attic to render it a “panic room”. (Our report here). The Supreme Court found that this was for a case by case evaluation, not something that required a blanket exemption for a class of people, and there were Discretionary Housing Payments possible. The European Court of Human Rights, in a 5/2 split decision, has now found that it was not justified discrimination.’

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Nearly Legal, 27th October 2019

Source: nearlylegal.co.uk

Hate crimes double in five years in England and Wales – The Guardian

‘The number of hate crimes reported to police has more than doubled since 2013, according to government figures, which also showed a large increase last year in offences against people based on sexual orientation.’

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The Guardian, 15th October 2019

Source: www.theguardian.com

Tribunal rejects claims from ‘partner’ who sued as employee – Legal Futures

‘A former salaried partner, permitted by an employment tribunal earlier this year to sue her law firm as an employee, has lost all but one of her claims.’

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Legal Futures, 9th October 2019

Source: www.legalfutures.co.uk

Private school forced to re-admit ‘aggressive’ pupil after parents claim their son was discriminated against – Daily Telegraph

‘A private school has been forced to re-admit an “aggressive” pupil after his parents took legal action, claiming that their son had been discriminated against.’

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Daily Telegraph, 4th September 2019

Source: www.telegraph.co.uk

Unhappy paralegal refused discrimination claim rerun – Legal Futures

Posted August 27th, 2019 in disability discrimination, news, paralegals, retrials by sally

‘An employment tribunal has refused to reconsider a decision that comprehensively rejected a disability discrimination claim brought by a paralegal who worked for well-known personal injury firm Ralli.’

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Legal Futures, 27th August 2019

Source: www.legalfutures.co.uk

FCA found to have discriminated against chronically ill employee – Law Society’s Gazette

‘The Financial Conduct Authority (FCA) discriminated against an associate lawyer who suffered severe fatigue caused by chronic kidney disease, an employment tribunal has found.’

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Law Society's Gazette, 19th August 2019

Source: www.lawgazette.co.uk

Blind man’s legal fight over hospital small print letters – BBC News

Posted July 9th, 2019 in disability discrimination, hospitals, news by sally

‘A registered blind man is taking a hospital trust to court because its eye department keeps sending him letters he cannot read.’

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BBC News, 8th July 2019

Source: www.bbc.co.uk

Tribunal rejects paralegal’s disability discrimination claim – Legal Futures

‘An employment tribunal has comprehensively rejected a disability discrimination claim brought by a paralegal who worked for well-known personal injury firm Ralli.’

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Legal Futures, 5th July 2019

Source: www.legalfutures.co.uk

Victims of discrimination ‘denied justice’ as legal aid cuts create ‘David vs Goliath’ scenario, report finds – The Independent

‘Victims of discrimination in England and Wales are being denied justice due to soaring legal aid cuts, the equalities watchdog has warned. The Equality and Human Rights Commission (EHRC) said people who had been discriminated against for reasons such as their race, gender or disability were being left to represent themselves in court, creating a “David vs Goliath” scenario or letting perpetrators to go entirely unchallenged.’

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The Independent, 19th June 2019

Source: www.independent.co.uk

Law firm “sacked staff member by WhatsApp”, tribunal finds – Legal Futures

‘A small law firm sacked its administrator by sending him a brief WhatsApp message – and then backdated his P45 to support an argument that he was actually fired earlier and so his claim was out of time, an employment tribunal has found.’

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Legal Futures, 22nd May 2019

Source: www.legalfutures.co.uk

Tribunal rejects law firm’s bid to strike out disability claim – Legal Futures

‘An employment tribunal has said it would be “wholly inappropriate” to strike out a disability discrimination claim against a law firm from a legal secretary suffering from depression.’

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Legal Futures, 2nd May 2019

Source: www.legalfutures.co.uk

Workplace stress drives up disability discrimination claims by more than a third, employment law experts say – Daily Telegraph

‘Workplace stress drives up disability discrimination claims by more than a third, employment law experts suggest.’

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Daily Telegraph, 28th April 2019

Source: www.telegraph.co.uk

Mother crowd funds legal action after autistic son “forced to wear fluorescent yellow bib” at school – Local Government Lawyer

‘The mother of a seven-year-old boy is crowd funding a legal challenge against a council, claiming he was “forced to wear a fluorescent yellow bib at school so teachers and the children in the playground where aware, that he is autistic”.’

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Local Government Lawyer, 8th April 2019

Source: www.localgovernmentlawyer.co.uk

Taxi driver loses appeal over conviction for making additional charge of wheelchair user – Local Government Lawyer

‘A taxi driver has lost an appeal over his conviction of an offence under the Equality Act 2010 of making an additional charge for a disabled person in a wheelchair.’

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Local Government Lawyer, 28th February 2019

Source: www.localgovernmentlawyer.co.uk

Equality Act – Local Government Law

‘McNutt v Transport for London [2019] EWHC 365 (Admin) was an appeal by way of case stated against a decision of Hendon Magistrates Court to find Mr McNutt, guilty of the offence contrary to Section 165(7) of the Equality Act 2010 (“the EA 2010”). It raised an important point of statutory construction in relation to the duty, pursuant to Section 165(1)(a) and Section 165(4)(b) of the EA 2010 on the driver of a taxi which has been hired by or for a disabled person in a wheelchair “not to make any additional charge for doing so”. By Section 165(7), it is a criminal offence to make such an additional charge.’

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Local Government Law, 25th February 2019

Source: local-government-law.11kbw.com