Search results for Disability ruling applied in landmark employment case
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Disability ruling applied in landmark employment case
Mike if everyone thought like you we would have no need for landmark employment cases!! Having been through a disability discrimination tribunal recently I can asure you it is not a pleasant experiance because you are somehow made to feel that it is you that is the guilty party and have done something wrong! I dont know yet if justice has been served but what I do know is that the bigger the company the swankier t...
Comment | 17 Feb 2009
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Disability ruling applied in landmark employment case
The Employment Appeal Tribunal has applied a controversial House of Lords ruling on disability discrimination to an employment case for the first time. The London Borough of Lewisham v. Malcolm case last year was a housing case in which Mr Malcolm failed in his claim of disability-related discrimination because the Lords ruled he was not treated less favourably than any other tenant would h...
Case | 11 Feb 2009
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Disability ruling applied in landmark employment case
I'll let you know my opinion on this after I get treated with 'unfair favour'. I have been disabled since birth and I am in my forties now and it hasn't happened yet...
Comment | 16 Feb 2009
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Disability ruling applied in landmark employment case
"The correct approach is now to compare the way the disabled person has been treated to the way that a non-disabled person in the same situation would have been treated. " This seems wise and common sense - and in fact to do otherwise is discriminatory - even if on the surface it looked like being more favourable to the disabled person. They need understanding and the same respect as others - patronising them with 'un...
Comment | 13 Feb 2009
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Soap star: The hygiene special issue
...nnel department 06 LEGAL CALENDAR Key legislative dates in March and April. cHallenge 22 ChANGING pLACES, ChANGING ATTITuDES Changing Places toilets are special facilities designed to meet the challenge of creating accessible toilets that cater for all. Claire Fuller investigates. 10 CASE LAW n Disability ruling applied in landmark employment case Company and director found guilty of manslaughter Sisters dismissed for inappropriate internet use win case n More than 120 guests joined Workplace Law's annual FM Legal Update Conference and Dinner in Stansted, which marked the tenth anniversary of the event. n 24 pARk LIfE TecHnical 28 LEGAL...
Magazine issue | 3 Mar 2009
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UK disability legislation to be scrutinised by European Court
...ferred to the ECJ by an Employment Tribunal (ET) should be allowed to proceed. The ECJ will rule on the interpretation of the Equal Treatment Framework Directive 2000/78/EC, to establish whether or not those who are associated with a disabled person (such as a carer) can claim protection under the Disability Discrimination Act 1995. In June, Workplace Law reported that Ms Coleman, who worked as a legal secretary for London solicitors Attridge Law had won the right for an unfair treatment claim against her employer to be referred to the ECJ on the basis of the primary caring role she has for her disa...
Case | 22 Dec 2006
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Autistic worker wins landmark judgement under the DDA
A man suffering from autism has won a landmark judgement against Ealing Council under the Disability Discrimination Act 1995. The case was brought against the London Borough of Ealing by disability union UNISON in March 2004 on behalf of Mark Isles, a regeneration officer working for the council. He had applied for an internal position but had been turned down because he suffered from Asperger...
Case | 17 Feb 2006
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Employment Law Round-up – February 2004
...ract with the staffing company for the worker’s services and wait for the quarantine period to elapse, following which it is free to engage the worker permanently without further charge. Wheelchair charge levied by airline is unlawful Employers were reminded of their obligations under the Disability Discrimination Act (DDA) when an £18 wheelchair charge levied on Ryanair's disabled passengers was ruled to be unlawful. The Disability Rights Commission (DRC) now wants the airline to pay compensation to 50 disabled people who have complained about paying the wheelchair charge. If no compensation...
News | 2 Mar 2004
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Face facts: how much do you really know about disability legislation?
Know-how to manage your workplace October 2004 Disability access Are you ready for 1 October? Love contracts Managing office romances Implementing disciplinary and grievance procedures Workplace disputes Face facts Holiday Inn's all-encompassing approach to DDA compliance Battling for hearts and minds How much do you really know about disability leg...
Magazine issue | 1 Oct 2004
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References: Landmark Judgment Gives Greater Protection to ex-Employees
A disabled man has won a landmark Law Lords ruling, giving him the right to challenge a negative reference provided by his ex-employer. Mr Kirker has not been able to find work since 1997 when he successfully sued British Sugar for disability discrimination. The Court ruled that Nick Kirker and other disabled people can now legally challenge the discrimination or victimisation they claim they face from former employers. The Disability Rights Commission supported Mr Kirker and three other disabled people - who have similar claims agai...
Case | 20 Jun 2003
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Identity charade
...rimination visible The Solicitor General on proposals for transparency. Page 18 "Will the Equality Bill lead to employers trying to have `one of each' in their workforce?" Tokenism versus talent. Page 10 Equality versus diversity: What's the difference? Page 7 Discriminated against for her son's disability What the Sharon Coleman case means for employers. Page 14 plus: Legal calendar | Case reports Technical guidance | Challenge Clinic and more ... contents In this issue ... latEst 05 EDITORIAL When recruiting, should you pick the person who has the right skills and experience for the job or con...
Magazine issue | 3 Sep 2008
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Internships – Are you breaking the law?
...athrow airport. On leaving her job as a beauty therapist Mrs Evans was awarded £230,972 in damages. Mrs Hindmarch was awarded £69,458 in compensation. 33249 extent of our legal obligations as these anti-waste laws were not designed to cover incidents like this. We are disappointed by the Court's ruling and are considering its implications for us and the water industry in general, as well as our next steps." 33265 Roofing firm `put town at risk from asbestos' A roofing company has been fined after spreading asbestos fibres around a Leicestershire town when using pressurised water washers to clean...
Magazine issue | 3 May 2011
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The Social Network – 12 years of the Workplace Law Conference
...that has seen Clive attend every conference for each of the last 11 years. We even let him come free for the 10th year as a gesture of goodwill!" Changes Looking back over the years, there are recurring themes, and one topic that many in FM were very concerned about was the impact of changes to the Disability Discrimination Act (DDA) in 2005, and in particular the physical adjustments to a building under Part III of the Act. The fact that service providers are `required to take reasonable steps to modify physical features of premises that make it impossible or unreasonably difficult for disabled people ...
Magazine issue | 1 Mar 2011
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Changes to Workplace Law Magazine
...ace equality legislation to not only simplify but "strengthen" the law. But what will that mean in practice, asks Claire Fuller? 10 LEGAL UPDATE Carbon Reduction Commitment 2010 and an explanation of how the Corporate Manslaughter Act addresses diseaserelated deaths. teCHNiCaL 30 ThE DATA EAT: Disability discrimination in that the employer had failed to make reasonable adjustments; and unfair dismissal for an unauthorised interview broadcast. HSE: Prosecutions for a fatality under the Health and Safety at Work etc. Act 1974; and imprisonment for Gross Negligence Manslaughter 37 END NOTE Having a d...
Magazine issue | 1 Sep 2009
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Celebrating 35 years of the Health and Safety at Work Act
...endar The data | Comme | Clinic | nt Network Case law News and more ... Plus: Legal Page 19 Health and Posting safety gone nuts! Workplace successful Law membe results rs BBC's Panora on Controversial programme: ma cuts: the Royal the time to is now Mail story. stand Page 16 and be counte up d? Disability signage: who wants to toilet door? grope a Page 7 Comment www.workplacelaw.net 3 ioSH managing Safely e-learning Through the Workplace Law Direct Study Centre you can study when you like, where you like, at the speed you want to. IOSH Distance Learning is a unique web-based training course fro...
Magazine issue | 7 Jul 2009
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Cultivating success: how to cut costs and stimulate growth
...s! Workplace Law members on BBC's Panorama programme: is now the time to stand up and be counted? Page 19 COST-CUTTING SpeCIal JUNE 2009 Issue 48 legal update: Updating contracts a way to save money? Page 26 posting successful results Controversial cuts: the Royal Mail story. Page 16 Comment Disability signage: who wants to grope a toilet door? Page 7 Challenge: First corporate manslaughter case hits the courtroom. Page 22 plus: Legal calendar | Comment The data | Clinic | Network News Case law and more ... Contents In this issue ... Disability EssEntiAl lAw AnD PrActicE One-day training cou...
Magazine issue | 1 Jun 2009
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Buncefield disaster: the aftermath and what you can learn from it
...e nominated operator of the Buncefield site in some of the agreements between Total and Chevron, it had no employees on the site. The judge therefore concluded that Total had failed to discharge the burden of establishing that HOSL was responsible for the negligence of the supervisor. Following the ruling, Total said: "We greatly regret that the Buncefield incident occurred. We would stress that Total Case law CASES IN BRIEf paperboy challenges children's employment law A 15-year-old, dismissed from his paper round in a dispute over working hours, is being backed by the Children's Legal Centre in ...
Magazine issue | 5 May 2009
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2009: new beginnings
...istair Darling told us that we were going to shrink the economy by £20bn; this is five times that, and this amount of money is lost every year. Cf: Why is that much money lost each year? DCB: We lose £63bn of that £100bn as a result of people being unable to work, either because of ill health or disability people who are simply unable to work and receive some form of benefits. We lose £10bn due to sickness absence pay, £25bn to people caring for disabled people and then about £5bn for actual health intervention. If you add that all up it comes to just over £100bn. We really need to release som...
Magazine issue | 8 Dec 2008
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Evacuation versus invacuation
workplacelaw The exclusive magazine for premium members of the Workplace Law Network Hang on! Evacuation versus invacuation Can it ever be safe to hold on for rescue in a fire emergency? FIRE & DISABILITY SPECIAL JULY / AUGUST 2008 Issue 39 Who's in your building? Knowing who you need to evacuate in an emergency. Page 14 The real stories: Evacuation strategies put to the test. Page 10 Professor Keith Bright: "Access to buildings is not about disabled people, it's about access for everyone" Page 2...
Magazine issue | 10 Jul 2008
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Win for carer could lead to new discrimination rights
...or trying to take time off to look after her son, and was accused of using his condition to get out of work. Coleman accepted voluntary redundancy but began a claim for constructive dismissal five months later. The Employment Tribunal hearing the case decided to refer it to the European Court for a ruling on whether EU discrimination laws covered disabled people can also apply to people not themselves disabled, but closely associated with a disabled person. Poiares Maduro, a senior European lawyer, said that in his opinion a European law establishing equal treatment at work was relevant to those “...
News | 31 Jan 2008
