‘Until Tesco Stores Ltd v Tennant UKEAT/0167/19 there was no direct authority on whether it was possible to pursue claims of alleged disability discrimination during the 12-month period starting from the date the impairment met all the other requirements under the legislation.’
Pallant Chambers, 5th February 2020
Source: www.pallantchambers.co.uk
‘ Birmingham firm who dismissed a worker within days of him leaving hospital post-surgery have been found in breach of employment law by a tribunal.’
Law Society's Gazette, 6th February 2020
Source: www.lawgazette.co.uk
‘A law firm discriminated against a seriously ill paralegal by dismissing him after only three months while he was on sick leave, an employment tribunal has ruled’
Legal Futures, 6th February 202
Source: www.legalfutures.co.uk
‘The government has lost two appeals against court judgments that found the Department for Work and Pensions (DWP) had unlawfully discriminated against thousands of severely disabled people who were moved on to universal credit.’
The Independent., 29th January 2020
Source: www.independent.co.uk
‘A recent Upper Tribunal decision has potentially far-reaching implications for schools considering excluding pupils with disabilities, write Tom Amraoui and Rachel Sullivan.’
Local Government Lawyer, 10th January 2020
Source: www.localgovernmentlawyer.co.uk
‘In R (AB) v Chief Constable of Hampshire Constabulary [2019] EWHC 3461 (Admin), the Divisional Court considered a claim on behalf of a boy with severe learning and communication disabilities, that police had failed properly to investigate what appeared to be a disclosure by him of a sexual assault during a stay at in respite care. He argued that they had wrongly proceeded to interview him despite no witness intermediary being available and had subsequently failed to re-interview him with an intermediary. He argued that this was a breach of Article 3, and unlawful disability discrimination. The Court dismissed the claim, also giving important procedural guidance.’
Police Law Blog, 17th December 2019
Source: ukpolicelawblog.com
‘A disabled woman has been awarded £5,000 in an out-of-court settlement after being called a “lying bitch” by a welfare official in formal legal papers after challenging a decision to cut her disability benefits.’
The Guardian, 12th December 2019
Source: www.theguardian.com
‘More than 350 people with special needs have been detained in hospitals for more than 10 years, analysis has revealed.’
The Independent, 8th December 2019
Source: www.independent.co.uk
‘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.’
Oxford Human Rights Hub, 5th December 2019
Source: ohrh.law.ox.ac.uk
‘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.’
3PB, 4th November 2019
Source: www.3pb.co.uk
‘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.’
The Guardian, 2nd December 2019
Source: www.theguardian.com
‘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.’
Nearly Legal, 15th November 2019
Source: nearlylegal.co.uk
‘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.’
Nearly Legal, 27th October 2019
Source: nearlylegal.co.uk
‘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.’
The Guardian, 15th October 2019
Source: www.theguardian.com
‘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.’
Legal Futures, 9th October 2019
Source: www.legalfutures.co.uk
‘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.’
Daily Telegraph, 4th September 2019
Source: www.telegraph.co.uk
‘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.’
Legal Futures, 27th August 2019
Source: www.legalfutures.co.uk
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