13 March 2018

Definition of Cancer


A cancer diagnosis is automatically defined as a disability under the Equality Act (Schedule 1 para 6 Equality Act 2010). Cancers are assessed by two things – size of tumour and grade (meaning how aggressive the cells are), generally the smaller the number the better – so that ‘stage one grade one’ is the best…
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14 December 2017

Merry Christmas! Let’s all watch ‘Harassment – I mean Love – Actually’


It’s Christmas time and in honour of the TV execs wheeling out the old favourites I am wheeling out my Love Actually blog, previously prepared in light of the Comic Relief sequel. Inexplicably Love Actually is many people’s favourite Christmas Movie.  I shall just assume these people have either never seen Elf or are of…
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28 September 2017

Trailblazer or Trailing Behind? – Scope Commissioned Report Shows that it’s Time for us all to Address Disability Rights at Work


The findings of an Opinium survey commissioned by Scope show that a person with a disability needs to apply for 60 per cent more jobs than a non-disabled job applicant before they are successful http://www.independent.co.uk/news/uk/home-news/disabled-people-jobs-applications-more-able-bodied-stats-before-employment-a7970701.html The Government was criticized by the United Nations recently for failing to uphold the rights of disabled people through a…
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20 September 2017

Airlines Jurisdiction


Is the nomination of a “home base” for air crew the deciding factor in establishing the place of habitual work for jurisdiction purposes? No, held the CJEU in the joined cases of Nogueira & Ors v Crewlink and Osacar v Ryanair. Brussels I governs jurisdiction in the EU. The weaker party should be protected by…
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18 September 2017

Equalities and Human Rights Commission Announce Funding Support for Discrimination in Education Cases


As any Claimant’s lawyer understands, legal costs present one of the biggest obstacles for individuals who seek justice when they have experienced discrimination.  The Equalities and Human Rights Commission (the EHRC) recognise this.  At the beginning of this year they launched a pilot scheme project to provide funding and legal assistance to help claimants pursue…
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17 September 2017

The GDPR: what is the new data protection legislation that is on the way?


The Data Protection Bill was given a first reading in the House of Lords on 13 September 2017. This formality signals the start of the Bill’s passage through the Lords. A second reading including general debate on all aspects of the Bill is scheduled for 10 October 2017. The Bill will replace the Data Protection…
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15 September 2017

Discrimination against part-timers – BA on the hook!


If a part-time worker works more than 50% of full-time hours, but is paid only 50% of full-time salary, is that less favourable treatment contrary to the Part-Time Workers Regulations 2000? Yes, held the EAT in British Airways v Pinaud. If statistical evidence is available, can this be disregarded? No, the case being remitted on…
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12 September 2017

Latest Employment Tribunal statistics – claims slowly rising…


On 14 September 2017, the Ministry of Justice published the tribunal quarterly statistics for the period April to June 2017. During this quarter: The number of single claims received by employment tribunals rose by 2% while disposals decreased by 6% compared with the same quarter in 2016, resulting in an 11% increase in the outstanding…
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