Archive for the ‘Categories’ Category
By Nicky - Tuesday, January 6th, 2009
In the recent case of H M Land Registry - v - Mr B Wakefield the EAT failed to uphold the Claimant’s claim that his stammer constituted a disability within the Disability Discrimination Act 1995 and that his employer had failed to make reasonable adjustments in light of his disability when interviewing him.
The Claimant had worked with the Land Registry since he was 16 years of age and throughout this time he had a stammer. The Claimant’s stammer was less prominant when he spoke to friends or colleagues that he knew, however, it was usually exacerbated when he spoke to individuals that he did not know.
On several occasions the Claimant applied for promotion, and argued that the oral interview that each candidate had to attend for the job application was unnecessary. The Claimant claimed that the Respondent failed to make the necessary adjustments for his disability.
The ET originally upheld the Claimant’s claim, however, this was later overturned by the EAT.
Posted in Disability Discrimination | No comments »
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By Emma - Monday, January 5th, 2009
We reported here the case about the Registrar at the London Borough of Islington who refused to perform civil partnership ceremonies because same sex relationships were against her Christian beliefs. An Employment Tribunal upheld her claim. However, the case has now been heard by the Employment Appeal Tribunal who, in a lengthy judgment, overturned the Tribunal’s decision and found there had been no discrimination.
As Sarah noted in her original blog there is a potential tension between religious discrimination and discrimination on the grounds of sexual orientation. This may not be the last we hear of it.
Posted in Religion or Belief Discrimination | No comments »
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By Nicky - Monday, January 5th, 2009
A website has been designed, Staffshare, which enables businesses to register employees who are at risk of redundancy and advertise their services to other businesses. It is hoped that this innovative approach will assist in retaining skilled and talented members of the workforce and reduce the numbers of redundancies made in the coming year.
For more details please refer to Personnel Today.
Posted in Redundancy | 2 comments »
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By Philip - Friday, January 2nd, 2009
HNY to our readers!
2008 was a difficult year for many of our clients, let’s hope 2009 is better and that any economic downturn is short in duration.
To start the year on a positive note, in trawling the online newspapers for something upbeat to write about, I did notice that one constant and visual reminder of the illerabality of current public policy which seems to get under everyone’s skin, be universally hated, may have a potentially fatal hammer blow aimed at it by the courts.
What are you talking about? I hear some of you ask. Well that object of unparralleled derision is the speed camera. Like Millwall, no one likes them, everyone hates them but do they care?
I hold no brief for those who speed on the roads. I try to keep within the speed limit at all times, particularly in residential areas. The feeling has grown that speed cameras are less about accident prevention and more about revenue generation, particularly given their siting.
I hate the speed camera partly because it takes out discretion from the process of law enforcement but mainly because it is a tangible reminder of state encroachment on basic human rights - like the right to remain silent. If you receive a nip (notice of intended prosecution) you have no right of silence. You can either admit the offence or dob in the driver or not return the form and then receive 6 points for failing to tell the authorities whom was driving. Saying nothing is not an option.
The process is automated (camera picture, letter, signed form, fine and points) and has a “computer says no” feel to it. Those of you who have received the dreaded letter know what I am talking about. There is no interaction with a human being, just computer generated documents. I concede some forces operate a “speed awareness” day rather than points, but who wants to sit through that?
To add further pain speed cameras are not even attractively named-Gatso and Truvelo are hardly monikers to breed affection.
I am sure that many a legal hour has been spent looking for a loop hole to avoid the points. At last one may have been found. If succesful, then there could be another £480 millon added to the current deficit by way of refunded £60.00 fines. Now that would be one way to put a smile on people’s faces.
Posted in Miscellaneous | No comments »
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By Liam - Wednesday, December 24th, 2008
Further to Sarah’s blog this morning, the PJH Law team (well Nicky at least) are getting in to the Christmas spirit……
Getting in to the Christmas Spirit
Posted in Uncategorized | No comments »
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By Sarah - Wednesday, December 24th, 2008
Merry Christmas and A Happy New Year from all the team at PJH Law. We will be closing at 4.30pm today and will re-open at 8.30am on 2nd January 2009.
The team have had a great 2008 with a couple of awards under our belt so onwards and upwards for 2009, although we are not sure the Law Society Award for Excellence in Client Service can be topped given its the holy grail.
Posted in PJH Law News | No comments »
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By Emma - Tuesday, December 23rd, 2008
An advertisement in the legal press for Employment Judges earlier this month has resulted in concern and comment for its wording. The advert started “Can you put right the wrongs?” and continued “We all know someone who has been unfairly treated at work, but we often feel helpless to do anything about it. If you are a barrister, solicitor or Fellow of ILEX and have a passion for upholding the rights of workers, then why not consider a move into the Employment Tribunal?”
Hang on a minute I hear you say, surely the whole point of the Tribunal system is that Employment Judges are independent and impartial. They establish the facts of a case and apply the law. The starting point should never be that one party has been wronged. It is of course the case that some employees are treated badly at work but it is equally the case that some employers who treat their employees very well still end up having claims brought against them.
The advert was taken up by Joshua Rozenberg, the legal correspondent at the Daily Telegraph (see here) and the Judicial Appointments Commission, who placed it, has now removed the offending wording from the details on its website.
Posted in Miscellaneous | No comments »
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By Sarah - Monday, December 22nd, 2008
Even us lawyers don’t always get the law right, as the latest judgment on age discrimination shows. Clarkson Wright & Jakes (a law firm) decided to retire one of the partners, Mr Seldon, at the age of 65 as they were entitled to do under their partnership agreement.
Mr Seldon alleged age discrimination. The Employment Tribunal found that this treatment was directly discriminatory but that it was justified. In part this was justified on the basis that performance trails off around this age!! The Claimant appealed and the Equality and Human Rights Commission intervened.
The EAT held that the assumption that performance dropped off at the age of 65 was not based on any evidence and involved stereotyping. (This of course what the legislation is designed to prevent.) In principle, such a rule could be justified but it was not justified in this case. It was remitted back for the Tribunal to consider whether the need to achieve a legitimate aim was sufficient to justify the rule. The case also gives some guidance on the test for justification on direct age discrimination which practitioners may find helpful
Posted in Age Discrimination | No comments »
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By Sarah - Friday, December 19th, 2008
We often get asked how to calculate an employee’s statutory redundancy payment. This is based on age and length of service and gross weekly pay. BERR have a helpful tool called the redundancy calculator which employers may find useful.
Posted in Redundancy, Redundancy Payment | No comments »
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