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

‘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

‘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

Council-owned company defends unfair dismissal claim from ADHD sufferer – Local Government Lawyer

‘A refuse collector has lost his claim for disability discrimination against Bristol Waste, a wholly-owned operation of Bristol City Council.’

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Local Government Lawyer, 20th February 2020

Source: www.localgovernmentlawyer.co.uk

‘The victimisation was horrible’: why are so many disabled lawyers treated badly? – The Guardian

‘A new study says that more than half of disabled lawyers have experienced bullying or discrimination at work.’

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The Guardian, 11th February 2020

Source: www.theguardian.com

Capacity Issues in the Employment Tribunal – Littleton Chambers

Posted February 11th, 2020 in disabled persons, employment tribunals, mental health, news by sally

‘Employment tribunals have particular expertise in dealing with matters relating to disability, including mental health conditions, and are generally well-equipped to ensure that litigants with mental health conditions are able to participate in proceedings to the fullest extent possible.’

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Littleton Chambers, 10th February 2020

Source: www.littletonchambers.com

Firm sacked paralegal days after emergency bowel surgery – Law Society’s Gazette

‘ 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.’

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Law Society's Gazette, 6th February 2020

Source: www.lawgazette.co.uk

High Court hears JR over extending QOCS to Equality Act claims – Litigation Futures

‘Qualified one-way costs shifting should be extended to people pursuing claims under the Equality Act, the High Court heard last week.’

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Litigation Futures, 3rd February 2020

Source: www.litigationfutures.com

Government loses court appeal over short-changing disabled benefit claimants – The Independent

Posted January 30th, 2020 in appeals, benefits, disability discrimination, disabled persons, news by tracey

‘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.’

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The Independent., 29th January 2020

Source: www.independent.co.uk

Disabled lawyers “face daily discrimination” – Legal Futures

‘Disabled lawyers face both overt and “unconscious” discrimination on a daily basis, such as “rituals, practices and attitudes that exclude or undermine them”, according to research published today.’

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Legal Futures, 24th February 2020

Source: www.legalfutures.co.uk

“Chilling” failures to comply with the Mental Capacity Act – Doughty Street Chambers

‘In A (Fact-Finding), HHJ Clayton strongly criticised, and awarded costs against, a local authority and Clinical Commissioning Group after their pursuit of a fundamentally flawed approach to the best interests of P, a young man with a severe global delay, who was unable to communicate verbally.’

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Doughty Street Chambers, 20th January 2020

Source: insights.doughtystreet.co.uk

Ombudsman criticises council for failing to properly involve complainant in assessment and support planning process – Local Government Lawyer

Posted January 16th, 2020 in budgets, disabled persons, local government, news, ombudsmen, social services by sally

‘A council significantly delayed completing an assessment of a complainant’s social care needs, failed to complete a support plan before reducing his personal budget and failed to properly involve him in the assessment and support planning process, the Local Government and Social Care Ombudsman has found.’

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Local Government Lawyer, 16th January 2020

Source: www.localgovernmentlawyer.co.uk

Former lawyer sentenced for benefit fraud – Crown Prosecution Service

Posted January 13th, 2020 in benefits, disabled persons, fraud, news, sentencing by tracey

‘A former lawyer who said he could not walk without help, but was spotted driving a miniature locomotive, has been sentenced for benefit fraud.’

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Crown Prosecution Service, 10th January 2020

Source: www.cps.gov.uk

Remedies in First-tier Tribunal discrimination claims – Local Government Lawyer

‘A recent Upper Tribunal decision has potentially far-reaching implications for schools considering excluding pupils with disabilities, write Tom Amraoui and Rachel Sullivan.’

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Local Government Lawyer, 10th January 2020

Source: www.localgovernmentlawyer.co.uk

MS patient found not guilty of cultivating cannabis for medical use – Garden Court Chambers

‘Carlisle Court acquitted an MS patient today of cultivating cannabis, following the Crown Prosecution Service’s decision not to offer evidence in court today on a public interest basis.’

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Garden Court Chambers, 6th January 2020

Source: www.gardencourtchambers.co.uk

Blind sex offender cannot take guide dog to prison – BBC News

‘A man who sexually abused a 10-year-old girl has been jailed for seven years.’

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BBC News, 2nd January 2020

Source: www.bbc.co.uk

Paralysed Leeds man Paul Lamb loses ‘right to die’ case – BBC News

Posted December 20th, 2019 in assisted suicide, disabled persons, euthanasia, human rights, news by tracey

‘A paralysed ex-builder has lost a High Court bid to challenge the law on assisted dying.’

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BBC News, 19th December 2019

Source: www.bbc.co.uk

Disabled woman called ‘lying bitch’ by welfare official awarded £5,000 – The Guardian

‘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.’

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The Guardian, 12th December 2019

Source: www.theguardian.com

Solicitor fined £50,000 for misusing client’s interim payments – Legal Futures

‘A solicitor who spent £46,600 of a disabled client’s interim payments on costs and disbursements instead of on rehabilitation, has been fined £50,000 by the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 13th December 2019

Source: www.legalfutures.co.uk

‘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