DISABILITY DISCRIMINATION: LONG-TERM REQUIREMENT Section 6 of the Equality Act 2010 (EqA) states as follows: (1) A person (P) has a disability if— (a) P has a physical or mental impairment, and (b) the impairment has a substantial and long-term adverse effect on P’s ability to carry out normal day-to-day activities. …..” Paragraph 2 […]
Blog
DISABILITY DISCRIMINATION: LONG-TERM REQUIREMENT – February 2020
Landlord Advice Companies in Litigation – Help or Hindrance?
For individual landlords unfamiliar with the courts, recovering possession from tenants must often seem like a daunting proposition. It is therefore unsurprising that many such landlords turn to the wide variety of landlord advice companies that advertise support and assistance. These advice companies often offer different ‘packages’, ranging from simply drafting letters before action to […]
Tags: Property and Planning
Achieving Best Evidence in Family Cases involving allegations of sexual abuse
Achieving Best Evidence in Family Cases involving allegations of sexual abuse – The Importance of Prior Planning Can you recall the 4 phases of an ABE interview? Well, if you can you’re already ahead of a number of professionals involved in conducting them. A judgment was released earlier this week in the recent case EF, […]
Tags: Family
ARTICLE 8 & UNFAIR DISMISSAL – January 2020
ARTICLE 8 & UNFAIR DISMISSAL Article 8 Human Rights act 1998 provides: “Article 8 Right to respect for private and family life Everyone has the right to respect for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of […]
Tags: Employment
EVALUATING THE TEST FOR INTERIM SEPARATION
EVALUATING THE TEST FOR INTERIM SEPARATION POST C (A Child) (Interim Separation), Re [2019] EWCA Civ 1998 December 6th 2019 Removal of a child from their birth parents has been described by Sir James Mumby as being a ‘draconian measure’ but one that is undoubtedly necessary in certain cases to protect the child from suffering, […]
Tags: Family
Automatic Unfair Dismissal: Can the reason for the dismissal be other than that given to the employee by the decision-maker?
Automatic Unfair Dismissal: Can the reason for the dismissal be other than that given to the employee by the decision-maker? Section 103A of the Employment Rights Act 1996 (“the Act”) provides: “An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if […]
Tags: Employment
Striking the Right Balance – Contact for Infants in Care
Striking the Right Balance – Contact for Infants in Care Removing a child from the care of their birth parents is a drastic measure that can be very traumatic, perhaps even more so when the child is a new-born baby. This was acknowledged by Munby J (as he then was) in Re K [2008] EWHC […]
Tags: Family
CCTV Surveillance at Work
CCTV Surveillance at Work Article 8 Article 8 of the Convention reads as follows: “1. Everyone has the right to respect for his private … life … There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law […]
Tags: Employment
Reversal of the Burden of Proof in Discrimination Claims
Reversal of the Burden of Proof in Discrimination Claims Section 136 of the EqA reads as follows: (1) This section applies to any proceedings relating to a contravention of this Act. (2) If there are facts from which the Court could decide, in the absence of any other explanation, that a person (A) […]
Tags: Employment
Working Time Regulations Detriment/Dismissal
Working Time Regulations Detriment/Dismissal Part V Employment Rights Act 1996 (ERA) covers situations where a worker is protected from suffering a detriment in employment. The right not to be unfairly dismissed (employees only) is found in Part X. S45A ERA states as follows: 45A. Working time cases. (1). A worker has the right […]
Tags: Employment