February 8th, 2010 by Sarah
In the case of Chagger v Abbey National 2009 the Court of Appeal held that the original employer could be responsible for the stigma caused to the Claimant by his dismissal on discriminatory grounds. The Court accepted the idea that new employers could be reluctant to employee individuals who had previously brought discrimination cases against their employer. It held that liability for stigma losses lies with the original employer despite the ability for the Claimant to bring a claim against the prospective new employer for victimisation.
The Claimant in this case had brought a successful claim for unfair dismissal and race discrimination. The Employment Tribunal were impressed by his attempts to mitigate as he had applied for over 100 positions using 26 recruitment agencies. The Tribunal commented that they had never seen such a well documented mitigation attempt. In the end he felt that another job in the financial services sector was unlikely and gave evidence of two specific examples where he thought that he was suffering stigma.
The Court of Appeal concluded that the payment of stigma damages in discrimination cases should not be an automatic payment as there should be some evidence before the Tribunal from which it can infer that stigma is playing a part in the difficulties the Claimant is having mitigating his losses.
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February 8th, 2010 by Nicky
Scotland Yard’s Commander Ali Dizaei has been found guilty of perverting the course of justice. When approached by Mr al-Baghdadi, a web designer seeking payment for personal work undertaken for Mr Dizaei, he was forcefully arrested by Mr Dizaei who then accused him of having assaulted him. Upon subsequent investigation it was discovered that Mr Dizaei had inflicted these injuries on himself.
For more details click here.
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February 8th, 2010 by Practice Administration Team
Apparently it is coming back… just when you thought it was safe to drive on the roads and walk on the pavements the SNOW is making an unwelcome return. Hey ho …
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February 5th, 2010 by Nicky
The number of Britons being declared bankrupt is at an all time high with a reported 10,000 each month. It is reported that individuals are already struggling to live within their means, despite the recession allegedly being over. However, these numbers are expected to rise further when interest rates increase.
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February 5th, 2010 by Emma K
It has been reported that four politicians will be charged with the false accounting over the alleged abuse of the Parliamentary expense system.
In a dramatic deepening of the scandal, Labour Mp’s Elliott Morley and David Chaytor, Jim Devine and Tory peer Lord Hanningfield are to be prosecuted under the Theft Act.
Mr Morley faces two charges of dishonestly claiming expenses, Mr Chaytor three charges, Mr Devine two charges and Lord Hanningford, who is leader of Essex County Council, six charges.
The Four have been ordered to appear in court for the first time on March 11th 2010.
Under Section 17 of the 1968 Theft Act, this states that false accounting is
(1) Where a person dishonestly, with a view to gain for himself or another or with intent to cause loss to another
(a) Destroys, defaces, conceals or falsifies any account or any record or document made or required for any accounting purpose; or
(b) In furnishing information for any purpose produces or makes use of any account, or any such record or document as foresaid, which to his knowledge is or may be misleading, false or deceptive in a material particular; he shall, on conviction on indictment, be liable to imprisonment for a term not exceeding seven years.
(2) For purposes of this section a person who makes or concurs in making in an account or other document an entry which is or may be misleading, false or deceptive in a material particular, or who omits or concurs in omitting a material particular from an account or other document, is to be treated as falsifying the account or document
With this in mind, I do not see why they should be treated any different to how you, me or anyone else would.
Click here to read more
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February 5th, 2010 by Sarah
Miriam O’Reilly, who was the former presenter of the Countyfile, has presented a claim before the London Central Employment Tribunal against the BBC. The Claim is said to be for sex and age discrimination claiming that she was dropped from the show because she was a middle aged woman.
She was 52 and dropped when the new format was launched in November 2008. Two presenters 32 year old Matt Baker and 36 year old Julia Bradbury took over the role. The allegation is that her male colleagues were found new roles with the BBC but that the same did not apply to four female reporters who were dropped. The BBC denies the claims.
In my view, there are many middle age women on TV and whilst I cannot confess to having ever watched Countyfile, my stereotype of it is that it would hardly appeal to the younger viewer. As to whether my intial reaction of the case is right then we will have to watch this space.
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February 4th, 2010 by Sarah
The Government had included a new definition of a priest in the new Equality Bill as part of its exceptions to the act. The Roman Catholic Church has said that the definition is too narrow and said it could face claims for failing to allow homosexual priests. The Pope described the proposed clause as an unjust restriction on religious freedom.
A source close to the Government has reported that these parts of the Equality Bill should not go forward and that the Pope’s intervention had been noted. The Government is said to be anxious to maintain good relations with the Vatican. Whether the offending parts will survive we will have to see so watch this space….
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February 4th, 2010 by Nicky
A postman has refused to deliver post to residents living on a small cobbled path in Devon, claiming that he cannot cross the cobbles on grounds of health and safety. Residents have been left feeling outraged. The cobbles have been there for 280 years, the area is a conservation area so they cannot be replaced in any event and some of the residents on the path manage to cross the cobbles on a daily basis even with arthritis! For more details click here.
What are your views?
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February 4th, 2010 by Olivia
No real surprise at the decision of the Court of Appeal in Alemo-Herron and others v Parkwood Leisure Ltd.
The case was brought by 23 Claimants who were employed by London Borough of Lewisham until 2002 when the department was outsourced to CCL. There was a further TUPE transfer in 2004 from CCL to Parkwood Leisure.
The employee’s contracts provided that their terms and conditions were in accordance with collective agreements negotiated by the National Joint Council for Local Government Services. The 23 Claimants therefore argued that Parkwood was bound by pay increases agreed between the NJC and the trade unions after it had become the employer.
The ET found in favour of the employer. The Claimants appealed and the EAT reversed the decision to say that new employers can be bound by negotiations between the old employer and trade unions despite not being party to those negotiations.
Common sense has now prevailed and the Court of Appeal have reinstated the decision of the original ET. Listen out for the sighs of relief from employers !
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February 4th, 2010 by Practice Administration Team
Saw this wonderful picture online and just had to share it with you ……..!!
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