‘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.’
3PB, 3rd August 2020
Source: www.3pb.co.uk
‘More than a quarter of English councils are acting unlawfully by discriminating against children with autism, according to a report by disability law experts.’
BBC News, 4th August 2020
Source: www.bbc.co.uk
‘The parents of a student with severe social anxiety who took her own life on the day she was scheduled to face “the ordeal” of an important oral test have launched legal proceedings against her university, claiming she was the victim of negligence and disability discrimination.’
The Guardian, 20th July 2020
Source: www.theguardian.com
‘A 24-year-old woman with Down Syndrome has been granted permission for a judicial review challenge of Norfolk County Council’s policy of charging people for essential care and support.’
Local Government Lawyer, 14th July 2020
Source: www.localgovernmentlawyer.co.uk
‘As we have seen before, Shelter have been supporting discrimination claims under the Equality Act 2010 against letting agents who operate a ‘No DSS’ policy (meaning a refusal to even consider people claiming housing related benefits – who are often employed – as applicants for tenancies. The DSS ceased to exist in 2001, which suggests how longstanding this issue is). These claims all settled out of court. Now a claim has gone to judgment.’
Nearly Legal, 14th July 2020
Source: nearlylegal.co.uk
‘A judge has ruled that blanket bans on renting properties to people on housing benefit are unlawful and discriminatory. The “momentous” court ruling found a single mother-of-two had experienced indirect discrimination when a letting agent refused to rent to her.’
BBC News, 14th July 2020
Source: www.bbc.co.uk
‘The Court of Appeal has delivered judgment in the case of Robinson v Department for Work and Pensions [2020] EWCA Civ 859, a decision which confirms that it is insufficient for a Claimant to argue, on a claim under section 15 of the Equality Act 2010, that “but for” their disability they would not have been put in a situation that led to unfavourable treatment. Rather, the focus needs to be on the reasons for the treatment itself. In so finding, the Court has approved of the obiter comments of Underhill LJ in Dunn v Secretary of State for Justice [2019] IRLR 298.’
Old Square Chambers, 7th July 2020
Source: www.oldsquare.co.uk
‘Ten years after the Equality Act came into force, the Equality and Human Rights Commission (EHRC) have published their findings and recommendations in a report entitled “Inclusive Justice: a system designed for all”. Although the report recognises where progress has been made, it also identifies very significant problems.’
UK Human Rights Blog, 16th June 2020
Source: ukhumanrightsblog.com
As part of our series considering the human rights and equality implications of Covid-19, Catherine Casserley and Declan O’Dempsey consider BMA Guidance on the use of characteristics of age and disability in medical triage in the light of discrimination law. This article considers the impact of discrimination law on the guidance.
Cloisters, 9th June 2020
Source: www.cloisters.com
‘The Claimant (“C”) was a primary school teacher who had worked for Alderman Davies Church in Wales Primary School (“the School”) for a number of years. The Respondent (“R”) was the governing body of the School. It was agreed between the parties that from April 2015, C had a disability by reason of a mental impairment affecting, in particular, his reaction to and behaviour in stressful situations.’
3PB, 2nd June 2020
Source: www.3pb.co.uk
‘In his judgment in R (on the application of Susan Fisher) v. Durham County Council [2020] EWHC [2020] EWHC 1277 (Admin) handed down in the Leeds District Registry on 21 May 2020, Julian Knowles J. has dismissed a challenge brought by Susan Fisher, a woman with a neurological disorder which cases her to make involuntary sounds and noises, including words and phrases, against the decision of my client Durham County Council to serve her with a abatement notice under the Environmental Protection Act 1990 (“EPA 1990”).’
Francis Taylor Building, 21st May 2020
Source: www.ftbchambers.co.uk
‘A 67-year-old retired primary school teacher who has a neurological disorder that causes her to make involuntary sounds and noises has failed in a judicial review challenge over a noise abatement notice.’
Local Government Lawyer, 26th May 2020
Source: www.localgovernmentlawyer.co.uk
‘Disability campaigners have sent a letter before action to five public bodies over what they say has been a failure to mandate the collection and publication of data on the deaths of people with learning disabilities and autism during the coronavirus pandemic.’
Local Government Lawyer, 21st May 2020
Source: www.localgovernmentlawyer.co.uk
‘As the home-time bell rang on 20 March 2020, schools and other educational providers across the country closed their doors in response to the Covid-19 pandemic. The only pupils currently permitted to attend school are vulnerable children and the children of key workers. All children, however, continue to enjoy the right to education under Article 2 of the First Protocol (A2P1) of the European Convention on Human Rights (ECHR).’
Monckton Chambers, 18th May 2020
Source: www.monckton.com
‘Employees can often complain where they feel that their managers are not giving them the tools they need to do their jobs efficiently, effectively or productively. How does that situation relate to a disability discrimination claim for failure to make reasonable adjustments? – Rakova v London North West Healthcare NHS Trust UKEAT/0043/19/LA.’
3PB, May 2020
Source: www.3pb.co.uk
‘In this blog, we consider the employment protections from discrimination and dismissal available to disabled people who are also shielding during Covid-19.’
1MCB, May 2020
Source: 1mcb.com
‘A century ago blind and partially sighted people marched on London to lobby the government to improve their living and working conditions. The 1920 Blind March has become a milestone in the history of the disability rights movement. But as recreating a large gathering is not possible in current circumstances, blind people are using their daily personal exercise to mark the anniversary.’
BBC News, 30th April 2020
Source: www.bbc.co.uk
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