Nurse fined £10k over NHS pay protest in lockdown wins compensation – The Guardian

Posted May 26th, 2022 in compensation, coronavirus, demonstrations, fines, news, penalties, police, regulations by sally

‘Two NHS nurses have won compensation from Greater Manchester police (GMP) after being fined over a socially distant protest about NHS pay during lockdown.’

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The Guardian, 25th May 2022

Source: www.theguardian.com

What does UK law say about sexual harassment in the workplace? – OUP Blog

Posted May 26th, 2022 in employment, equality, harassment, news, vicarious liability by sally

‘An MP watching porn in the House of Commons and inappropriate comments made about the deputy leader of the Labour party’s legs: not even the place where our legislation is made appears to be immune from the issue of sexual harassment in the workplace.’

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OUP Blog, 25th May 2022

Source: blog.oup.com

Case Preview: DCM (Optical Holdings) Ltd v Commissioners for Her Majesty’s Revenue and Customs (Scotland) – UKSC Blog

Posted May 26th, 2022 in news, Scotland, Supreme Court, time limits, VAT by sally

‘DCM is an optician that sells spectacles and provides refractive eye surgery services. Under the value added tax regime, it makes both taxable supplies of goods and exempt supplies of medical services. The dual nature of its supplies creates difficulties in calculating the amount of VAT chargeable on its supplies and input tax recoverable on its acquisitions. In fact, from at least 2000, DCM had been in dispute with HMRC over a different input tax and output tax related issue.’

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UKSC Blog, 25th May 2022

Source: ukscblog.com

How Deportation Flights Affect Our Human Rights – Each Other

Posted May 26th, 2022 in deportation, human rights, immigration, news by sally

‘Last Wednesday, the UK government deported seven Jamaican nationals living in the UK. Under the UK Borders Act (2007), any foreign national who has served a prison sentence of 12 months or longer may face deportation. One father left behind his partner and his five-year-old daughter. For him, and for others in his position, it will be a struggle to see his family again, despite the right to a family life which is protected under the Human Rights Act (HRA).’

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Each Other, 25th May 2022

Source: eachother.org.uk

‘Guilty as charged’: top UK officer urges police chiefs to admit institutional racism – The Guardian

Posted May 26th, 2022 in minorities, news, police, racism by sally

‘One of Britain’s most senior officers has called on chiefs to admit that institutional racism blights policing, declaring “we are guilty as charged”, and blaming failures on the leadership of law enforcement.’

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The Guardian, 25th May 2022

Source: www.theguardian.com

Plans to put victims back at the centre of justice system published – Ministry of Justice

Posted May 26th, 2022 in bills, criminal justice, news, prosecutions, victims by sally

‘Draft legislation published today by the Deputy Prime Minister Dominic Raab will pave the way for the first ever Victims’ Law – putting their needs and voices firmly at the heart of the justice system.’

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Ministry of Justice, 25th May 2022

Source: www.gov.uk

Patient funding request for life-saving treatment – Law Society’s Gazette

Posted May 26th, 2022 in cancer, judicial review, medical treatment, news, Wales by sally

‘The case of R (on the application of Wallpott) v Welsh Health Specialised Services Committee and Aneurin Bevan University Health Board [2021] EWHC 3291 (Admin) [2022] ACD 27 involved a challenge to a refusal to fund potentially life-saving medical treatment. It concerned Maria Wallpott, a 50-year-old woman with a rare form of appendix cancer. Ms Wallpott’s clinicians had recommended that she undergo cytoreductive surgery with hyperthermic intraperitoneal chemotherapy (CRS with HIPEC). This treatment, involving the surgical removal of visible tumour and flushing with a heated chemotherapy agent, was not routinely available in Wales, in contrast to England, Scotland and Northern Ireland. An individual patient funding request (IPFR) was therefore made by Ms Wallpott’s doctor to the Welsh Health Specialised Services Committee (WHSSC), which acted on behalf of the local health board. A WHSSC panel refused the request and maintained its decision on review.’

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Law Society's Gazette, 20th May 2022

Source: www.lawgazette.co.uk

Court of Protection judge calls for further evidence in Covid-19 vaccination case – Local Government Lawyer

‘A Court of Protection judge has taken what he called the “rare step” of seeking more evidence before making a ruling over whether a man with severe disabilities should be given the Covid-19 vaccination.’

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Local Government Lawyer, 26th May 2022

Source: www.localgovernmentlawyer.co.uk

What Is Modern Slavery And Are Victims Being Failed? – Each Other

‘Despite protections under the Modern Slavery Act (2015), victims of modern slavery in the UK are still struggling to access support, or to be recognised as victims at all. In the first three months of 2021, almost 3,000 potential victims were referred to the Home Office. According to a recent Freedom of Information (FOI) request filed by EachOther to the Home Office, between January and September 2021, immigration authorities detained 229 people who were identified as possible victims of modern slavery. Now, charities have raised concerns over the government’s approach to children exploited by drug trafficking gangs and migrant victims of modern slavery, who may be detained and deported if identified.’

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Each Other, 23rd May 2022

Source: eachother.org.uk

Review calls for child protection overhaul in England after two deaths – The Guardian

Posted May 26th, 2022 in child abuse, children, homicide, news, police, reports, social services by sally

‘Child protection services in England face a shake-up after an independent review of safeguarding failures that led to the killings of six-year-old Arthur Labinjo-Hughes and the toddler Star Hobson.’

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The Guardian, 26th May 2022

Source: www.theguardian.com

Claimant wins High Court battle over decision by council that statutory overcrowding was ‘deliberate act’ – Local Government Lawyer

Posted May 26th, 2022 in families, housing, human rights, judicial review, local government, news by sally

‘A family from Ecuador has won a judicial review of the London Borough of Southwark’s decision that their dwelling was statutorily overcrowded but this had been caused by a “deliberate act” on their part.’

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Local Government Lawyer, 26th May 2022

Source: www.localgovernmentlawyer.co.uk

R (Sheakh) v Lambeth London Borough Council – Equality Law Blog

‘The Court of Appeal dismissed an appeal, based on the PSED, from the order of Kerr LJ refusing the claimant’s application for statutory and judicial review of experimental traffic orders (ETOs) creating Low Traffic Neighbourhoods which had been made by the respondent.’

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Equality Law Blog, 24th May 2022

Source: equalitylawblog.com

Raab promises to put victims ‘firmly at heart of justice system’ – The Independent

Posted May 25th, 2022 in bills, criminal justice, Ministry of Justice, news, statistics, victims by sally

‘The Government has promised to put the “needs and voices” of victims “firmly at the heart of the justice system” with a series of legal reforms.’

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The Independent, 25th May 2022

Source: www.independent.co.uk

Rwanda plan challenged over alleged failure to identify risks for LGBTQ+ refugees – The Guardian

‘Priti Patel’s plan to send refugees on a one-way ticket to Rwanda is being legally challenged over the government’s alleged failure to identify risks facing vulnerable groups such as LGBTQ+ people.’

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The Guardian, 24th May 2022

Source: www.theguardian.com

Independent Review of Children’s Social Care urges shift from crisis intervention, calls for ‘expert child protection practitioner’ role, regional care cooperatives and increased support for kinship carers – Local Government Lawyer

Posted May 25th, 2022 in children, families, local government, news, social services by sally

‘The current system of children’s social care is increasingly skewed to crisis intervention and a radical reset is now “unavoidable”, the final report of the Independent Review of Children’s Social Care has said.’

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Local Government Lawyer, 23rd May 2022

Source: www.localgovernmentlawyer.co.uk

Ali v Heathrow Express Operating Company Ltd & Anor – Equality Law Blog

‘This decision is a reminder that, where unwanted conduct related to a protected characteristic is not intended to offend, intimidate, etc, an objective test applies to the question whether conduct amounts to harassment. The claimant was a Muslim employee of Heathrow Express. He complained of harassment and direct discrimination connected with religion after receiving an email concerning a security test carried out by the second respondent, which was responsible for carrying out security checks at Heathrow Airport and Heathrow Express stations at the airport. The test in question had involved a bag containing a box, some electric cabling and, visible at the top, a piece of paper with the words “Allahu Akbar” written in Arabic. The email reporting on the results of the test and included images of the bag and the note.’

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Equality Law Blog, 24th May 2022

Source: equalitylawblog.com

Police in England and Wales to get anti-racism training – BBC News

Posted May 25th, 2022 in bias, equality, news, police, race discrimination, racism by sally

‘Police officers in England and Wales will be given mandatory anti-racism training under a new plan to tackle racism, discrimination and bias.’

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BBC News, 24th May 2022

Source: www.bbc.co.uk

Imran Ahmad Khan sentenced to 18 months over sexual assault of boy, 15 – The Guardian

Posted May 24th, 2022 in child abuse, news, sentencing, sexual offences by sally

‘The former Conservative MP Imran Ahmad Khan has been sentenced to 18 months in jail for sexually assaulting a 15-year-old boy after plying him with gin at a party in 2008.’

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The Guardian, 23rd May 2022

Source: www.theguardian.com

Merely technical breaches of TUPE, and can liability survive a withdrawal? – 3PB

Posted May 24th, 2022 in compensation, employment tribunals, news, transfer of undertakings by sally

‘The Employment Appeal Tribunal considered the Tribunal’s discretion to make (or not make) an award of compensation for breaches of TUPE Regulations, and the effect of withdrawal of a claim on a defendant’s liability to pay compensation, in circumstances where the claimant has no freestanding right to bring a claim against them.’

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3PB, 3rd May 2022

Source: www.3pb.co.uk

Case Management Order unintentionally struck out claim – 3PB

‘It is commonplace – as the President of the EAT observed in this appeal – for ETs, carrying out their case management functions at a private preliminary hearing, to seek to clarify the claims that are being pursued and to draw up a list of issues to be determined at the full merits hearing in order to decide those claims. In the present case, such a task came before an EJ sitting alone at a closed preliminary hearing – together with a great quantity of material including a document setting out the claimant’s grounds of complaint over some 64 pages.’

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3PB, 3rd May 2022

Source: www.3pb.co.uk