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Landmark decision in firefighter's injury claim
Pre-existing conditions do not rule out compensation for fire fighters injured in line-of-duty, the Court of Appeal has ruled.The Court of Appeal concluded that firefighter David Callaghan, whose fall in 2002 caused arthritis, should be given compensation despite a pre-existing hip condition. The decision upheld an original ruling by doctors that Callaghan's injury did qualify him for a financial award. Lawyers acting for the London Fire and Emergency Planning Authority (LFEPA) had attempted to prove that existing case law (Jennings v. Humberside Police) disallowed injury awards for all cases wher...
Case | 16 Dec 2008
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Landmark decision in firefighter's injury claim
Yea, interesting as in the case of other stress related work injuries, until recently, it was the exact opposite in that if you had not experienced a degree of mental illness before you were unable to claim work related chain of causation. Mind you seams reasonable that any injury, pre-existing or not, ...
Comment | 18 Dec 2008
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Part-time firefighters entitled to same rights as full-time workers
...tion against firefighters working retained duty, following an Employment Tribunal judgment. The case has major implications for millions of part-time workers who will also benefit from the rights established during eight years of legal action. The Employment Tribunal judgment is reinforced by a landmark legal judgment in the case by the House of Lords on 1 March 2006 in favour of the union. The Employment Tribunal found that firefighters working retained duty were discriminated against when they were denied access to a pension and the same sick pay (pro-rata) as wholetime firefighters.This new jud...
Case | 12 Mar 2008
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Fire union resumes action for retained firefighters
The Fire Brigade Union’s seven-year battle to secure an end to discrimination against firefighters working retained duty returns to Croydon Employment Tribunal on Monday 12 November. The move follows a landmark legal judgment by the House of Lords on 1 March 2006, when the Fire Brigade Union (FBU) won a major legal victory for firefighters working the Retained Duty System, which sees them respond to calls on a need-only basis. The decision – by a three to two majority of Law Lords – paved the way f...
News | 12 Nov 2007
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Landmark firefighters legal decision could have huge impact on all part-timers
A landmark ruling by the House of Lords, that part-time firefighters are entitled to the same pension rights as their full-time colleagues, could allow other workers to seek similar benefits, lawyers have said. Law Lords backed an appeal by a group of retained firefighters that they should be able to join t...
Case | 2 Mar 2006
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Internships – Are you breaking the law?
...a candidate who might also happen to help meet a diversity target. Also on 6 April, after months of discussions, the Default Retirement Age was finally repealed, and during the Workplace Law FM Legal Update Conference and Dinner (see p.24) Head of HR, Jayn Bond, explained the practicalities of this landmark change for employers. At the conference dinner, David Sharp, Managing Director of Workplace Law, talked about the way environmental compliance has become a key concern for organisations, which is why Workplace Law now has its own environmental management division. Aside from WPL Recruitment (see Is...
Magazine issue | 3 May 2011
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Buncefield disaster: the aftermath and what you can learn from it
...d social wellbeing of our businesses, residents and visitors," says Councillor Ryan. The key elements of the plan include a zone map, which shows the city centre divided into 22 areas, which can be evacuated individually or in combination. The area covered by the zone map is bounded neatly by local landmarks; Kingston Bridge, the M8 motorway, the High Street, and the River Clyde: "Should the plan ever be implemented it's likely it would only involve one or two of the 22 zones. If we needed to evacuate out with any of these areas, it would be carried out in exactly the same way." Another key feature in...
Magazine issue | 5 May 2009
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Evacuation versus invacuation
...s will decide what is `reasonable' in access cases, and organisations are risking getting sued rather than making adjustments. Despite these shortcomings, access has come a long way since the days before the Disability Discrimination Act 1995 (DDA `95) existed at all, when Keith began working on a landmark research project now known as Project Rainbow. "When we first started looking at this project DDA '95 was just being put together," he tells. "Project Rainbow was very timely because disability issues were just beginning to come to the fore". Keith takes up the story: "A letter came to the universi...
Magazine issue | 10 Jul 2008
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Part time workers had less favourable pension and sick pay terms
An Employment Tribunal has reversed its original decision in the landmark case of Matthews and others v Kent & Medway Town Fire Authority. The Tribunal held that part time (‘retained’) firefighters had less favourable pension and sick pay terms than their full time comparators, and that the differences in treatment were not justified. This case has been running for s...
Case | 11 Apr 2008
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The Social Network – 12 years of the Workplace Law Conference
...and timetable for action as the Government confirms default retirement age will be abolished in October. netWORK 42 FORUM FOCUS Reflecting Network members' views on the Workplace Law site during the past weeks 08 CASE LAW First conviction for corporate manslaughter; and landfill operator fined in landmark gas emissions ruling. 34 CONTRACT READy Ahead of his presentation at the FM Legal Update Conference, Marc Hanson outlines the key aspects to consider when drawing up an FM contract. 44 NETWORK NEWS Launch of new NEBOSH National Construction Certificate; and Workplace Law's HR Department boosts te...
Magazine issue | 1 Mar 2011
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Sweeping changes
...utory regime is in compliance with those international obligations and with relevant jurisprudence will fall to be carefully reconsidered". A potential opportunity to do so presented itself to the Court of Appeal when the BA / UNITE dispute took www.workplacelaw.net The 2010 general election was a landmark event. For the first time in recent history we are in the unusual position of having more than one political party with the power to shape the future of employment law. On 20 May 2010, the new Government published a document, `The Coalition: our programme for government', giving a useful insight in...
Magazine issue | 1 Jul 2010
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3 strikes and your fire's not out!
...mination by association, it will be a hugely significant decision and will mean employers are under a much broader duty towards employees who are also carers. If this case succeeds, employers may need to consider making reasonable adjustments for all employees with caring responsibilities. 11641 A landmark compensation case brought by sufferers of the asbestos-related condition pleural plaques has been lost. The Court of Appeal ruled that pleural plaques was not a disease itself (though it can lead to asbestosis and mesothelioma) and, because there are no symptoms, should not attract compensation. 11...
Magazine issue | 8 Nov 2007
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2005: getting to grips with the legal year ahead
...s thus more at risk of a stroke but, Lord Justice Auld said, his physical and psychiatric injuries were nevertheless `reasonably foreseeable' in law. Dwarf made to stack high shelves In March, we reported in the case of Scott English -v- Kwik Save how law firm Hegarty & Co had helped a dwarf win a landmark discrimination claim against his former employer. It is believed that this was the first case in which a dwarf had won such a discrimination claim in the UK. Scott English (19), who is 4ft 4in. tall, took his former employer Kwik Save in Whittlesey, Cambridgeshire to an employment tribunal in Decem...
Magazine issue | 15 Dec 2004
