Category: disability discrimination

‘Justice not charity’ – the blind marchers who made history – BBC News

Posted May 1st, 2020 in demonstrations, disability discrimination, disabled persons, employment, equality, news, remuneration, trade unions by sally

‘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.’

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BBC News, 30th April 2020

Source: www.bbc.co.uk

Coronavirus: Lack of sign language interpreters leads to legal case against government – BBC News

Posted April 29th, 2020 in coronavirus, disability discrimination, disabled persons, equality, government departments, judicial review, news by sally

‘Deaf campaigners have started legal proceedings against the government over a lack of sign language interpreters at its daily coronavirus briefings.’

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BBC News, 28th April 2020

Source: www.bbc.co.uk

Not signed, not sealed, not delivered – Nearly Legal

Posted April 27th, 2020 in county courts, debts, deposits, disability discrimination, disabled persons, equality, housing, landlord & tenant, news, notification, rent, repairs, repossession by sally

‘A first instance county court judgment on a possession claim, but with a range of interesting issues. The Ratcliffes were the landlords, Ms Patterson was the tenant and Mr Porter a guarantor, who played no part in proceedings. The tenancy was an assured shorthold tenancy with the most recent fixed term beginning in June 2018. Rent arrears accrued (on which more later) and the Ratcliffes brought a claim for possession under grounds 8, 10 and 11 Schedule 2 Housing Act 1988.’

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Nearly Legal, 26th April 2020

Source: nearlylegal.co.uk

Remote hearings and inclusive justice – Transparency Project

Posted April 27th, 2020 in coronavirus, courts, criminal justice, disability discrimination, disabled persons, equality, Equality and Human Rights Commission, family courts, live link evidence, mental health, news, remote hearings by sally

‘How effectively are people with a cognitive impairment, mental health condition and/or neuro-diverse condition able to participate in proceedings in the justice system, particularly when they engage with that system via video or telephone link?’

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Transparency Project, 24th April 2020

Source: www.transparencyproject.org.uk

EHRC warning on use of video hearings in criminal cases – Legal Futures

Posted April 24th, 2020 in coronavirus, courts, disability discrimination, disabled persons, equality, Equality and Human Rights Commission, live link evidence, miscarriage of justice, news by sally

‘The Equality and Human Rights Commission (EHCR) has called on the government to take action to reduce the risk of disabled people being wrongly convicted because of video hearings in criminal cases.’

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Legal Futures, 24th April 2020

Source: www.legalfutures.co.uk

Resuscitation and the value of a disabled person’s life: Triaging and Covid19 – Cloisters

Posted April 24th, 2020 in chambers articles, coronavirus, disability discrimination, disabled persons, equality, human rights, medical treatment, news by sally

‘What is your life worth? If you get Covid19, what criteria do you want clinicians to apply when triaging your case? Choices on withholding treatment have become starkly real in the Covid19 emergency. Such choices should be made on a basis respecting the dignity of the individual patient and not based on stereotypes relating to age or disability. The emergent guidance is not clear on these issues.’

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Cloisters, 22nd April 2020

Source: www.cloisters.com

Court hearings via video ‘risk unfairness for disabled people’ – The Guardian

Posted April 22nd, 2020 in coronavirus, courts, disability discrimination, disabled persons, equality, learning difficulties, live link evidence, news, remote hearings by sally

‘Remote video trials could disadvantage people with learning disabilities, the equalities watchdog has warned, as courts switch to online hearings during the coronavirus crisis.’

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The Guardian, 22nd April 2020

Source: www.theguardian.com

Disabled man stuck in bedroom on eighth-floor flat for 20 months loses judicial review challenge – Local Government Lawyer

Posted April 9th, 2020 in compensation, disability discrimination, disabled persons, housing, human rights, judicial review, landlord & tenant, local government, news by sally

‘A man in his early sixties with a complex medical history and disabilities who spent almost 20 months without being able to leave his bedroom in an eighth-floor council flat has failed in a judicial review claim against a council for compensation and declaratory relief.’

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Local Government Lawyer, 8th April 2020

Source: www.localgovernmentlawyer.co.uk

High Court judge quashes refusal by council of disabled facilities grant – Local Government Lawyer

Posted April 3rd, 2020 in disability discrimination, disabled persons, equality, housing, landlord & tenant, local government, news by sally

‘Councils cannot treat disabled facilities grant (DFG) applications from council tenants differently to those from others, the High Court has ruled.’

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Local Government Lawyer, 3rd April 2020

Source: www.localgovernmentlawyer.co.uk

NICE amends Covid-19 critical care guideline after judicial review threat – Local Government Lawyer

Posted April 2nd, 2020 in autism, children, coronavirus, disability discrimination, disabled persons, equality, hospitals, judicial review, learning difficulties, local government, medical treatment, news by sally

‘The National Institute for Health and Care Excellence (‘NICE’) has changed the COVID-19 guideline for clinical care after being threatened with a judicial review challenge.’

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Local Government Lawyer, 1st April 2020

Source: www.localgovernmentlawyer.co.uk

Families of disabled children threaten legal challenge over government limit on outdoor exercise – Local Government Lawyer

Posted April 2nd, 2020 in autism, children, coronavirus, disability discrimination, disabled persons, emergency powers, families, freedom of movement, government departments, human rights, news, proportionality by sally

‘A pre-action protocol letter has been sent to the Government calling on it to reconsider the policy that all citizens are only permitted to leave the house for exercise once per day.’

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Local Government Lawyer, 1st April 2020

Source: www.localgovernmentlawyer.co.uk

Crown prosecutor with PTSD was not discrimination victim – Legal Futures

Posted March 26th, 2020 in Crown Prosecution Service, disability discrimination, disabled persons, employment, employment tribunals, news, sick leave by sally

‘An experienced Crown prosecutor who resigned after developing post-traumatic stress order (PTSD) from being threatened at a magistrates’ court was not discriminated against, an employment tribunal has ruled.’

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Legal Futures, 26th March 2020

Source: www.legalfutures.co.uk

Long term disability benefits: it all depends on the contract – 3PB

Posted March 23rd, 2020 in benefits, chambers articles, contract of employment, disability discrimination, employment, employment tribunals, news, unfair dismissal by sally

‘This appeal concerned a provision about long term disability benefit (“LTDB”) which formed part of the Claimant’s contract of employment. It provided for the employee to receive a Disability Income of 2/3rds of his Base Annual Salary less the State Invalidity Pension should he be absent from, and unable to, work due to sickness or injury for a continuous period of twenty-six weeks or more, which would commence twenty-six weeks after the start of his absence and continue until the earlier date of his “return to work, death or retirement”.’

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3PB, 2nd March 2020

Source: www.3pb.co.uk

Disability Discrimination: Chief Constable of Gwent Police v Parsons and Roberts – Old Square Chambers

Posted March 17th, 2020 in compensation, disability discrimination, equality, news, pensions, police, redundancy by sally

‘The Claimants were two police officers aged 48 and 44 who were disabled under Equality Act 2010 (EqA). Because they were also unable to carry out the normal duties of a police officer, they were both awarded “H1 certificates” by the Force Medical Officer, which among other things, gave them the right to have immediate access to their pension (which would otherwise be deferred) if they left the police force before their normal retirement age.’

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Old Square Chambers, 3rd March 2020

Source: www.oldsquare.co.uk

SRA: “Solicitors conceal disability for fear of harming careers” – Legal Futures

Posted March 16th, 2020 in disability discrimination, disabled persons, equality, law firms, news, solicitors, Solicitors Regulation Authority, statistics by sally

‘Many disabled solicitors have downplayed the extent of their disability because they do not trust law firms to meet their needs, research has revealed.’

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Legal Futures, 16th March 2020

Source: www.legalfutures.co.uk

DWP employees with disabilities paid almost £1m in discrimination cases across four years – The Independent

Posted March 9th, 2020 in compensation, disability discrimination, disabled persons, employment, employment tribunals, government departments, news, statistics by sally

‘The Department for Work and Pensions has had to pay out almost £1m to employees with disabilities in discrimination cases in the space of four years.’

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The Independent, 9th March 2020

Source: www.independent.co.uk

ICTS (UK) Ltd v Visram (2020) EWCA 202 – Old Square Chambers

Posted February 26th, 2020 in appeals, chambers articles, disability discrimination, disabled persons, employment, employment tribunals, equality, news, unfair dismissal by sally

‘Do the words “return to work” in a long-term disability scheme mean return to any work or the work that the employee was undertaking prior to going on long term sickness?’

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Old Square Chambers, 24th February 2020

Source: www.oldsquare.co.uk

Claimant fails in judicial review challenge over Qualified One-Way Costs-Shifting and discrimination claims – Local Government Lawyer

Posted February 26th, 2020 in costs, disability discrimination, disabled persons, equality, judicial review, local government, news by sally

‘A High Court judge has rejected a judicial review challenge over an asserted decision of the Lord Chancellor not to extend Qualified One-Way Costs-Shifting (QOCS) to discrimination claims in the County Court and/or the failure to extend QOCS to such claims.’

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Local Government Lawyer, 24th February 2020

Source: www.localgovernmentlawyer.co.uk

Court rejects judicial review over failure to extend QOCS – Litigation Futures

Posted February 21st, 2020 in costs, county courts, disability discrimination, disabled persons, equality, judicial review, Ministry of Justice, news by sally

‘The High Court has rejected a challenge to the Ministry of Justice’s (MoJ) failure to extend qualified one-way costs shifting (QOCS) to discrimination claims in the county court.’

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Litigation Futures, 20th February 2020

Source: www.litigationfutures.com

Reasonable adjustments – Is it relevant that the employee didn’t mention them? – 3PB

Posted February 21st, 2020 in chambers articles, disability discrimination, disabled persons, employment, employment tribunals, equality, flexible working, news, unfair dismissal by sally

‘The dispute arose from the claimant’s back problems, which, it was agreed, made her disabled within the Equality Act 2010. She was unable to travel far and wanted to work mainly from home. This caused difficulty because her role, auditing the performance of National Health Service bodies, was “client facing” and required her to visit those bodies. She was eventually dismissed for reason of ill-health capability after an occupational health report and negotiations with her union representative. The respondent was concerned that she was not meeting her financial targets, i.e. the required amount of chargeable time billed to the respondent’s clients. These receipts from clients funded her salary. There were not enough clients within the short travelling distance from her home that she could manage.’

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3PB, 7th February 2020

Source: www.3pb.co.uk