Striking the Right Balance – Contact for Infants in Care Removing a child from the care of their birth parents is a drastic measure that can be very traumatic, perhaps even more so when the child is a new-born baby. This was acknowledged by Munby J (as he then was) in Re K [2008] EWHC […]
Tags: Family
Reversal of the Burden of Proof in Discrimination Claims Section 136 of the EqA reads as follows: (1) This section applies to any proceedings relating to a contravention of this Act. (2) If there are facts from which the Court could decide, in the absence of any other explanation, that a person (A) […]
Tags: Employment
Working Time Regulations Detriment/Dismissal Part V Employment Rights Act 1996 (ERA) covers situations where a worker is protected from suffering a detriment in employment. The right not to be unfairly dismissed (employees only) is found in Part X. S45A ERA states as follows: 45A. Working time cases. (1). A worker has the right […]
Tags: Employment
Recent guidance on the extension of time to bring a 1975 Act claim Section 4 of the 1975 Act provides that an application shall not, except with the permission of the court, be made after 6 months from the date on which representation is taken out. Earlier this year, in Cowan v Foreman [2019] EWHC […]
Tags: Will Disputes
Early Conciliation Number & Claim Form Information Rejection: form not used or failure to supply minimum information 10 (1) The Tribunal shall reject a claim if— … (c) it does not contain one of the following— (i) an early conciliation number; … (2) The form shall be returned to the claimant with […]
Tags: Employment
SECTION 73 OF THE 1990 ACT LONDON BOROUGH OF LAMBETH V SECRETARY OF STATE FOR HOUSING, COMMUNITIES AND LOCAL GOVERNMENT AND OTHERS [2019] UKSC 33 3rd July 2019 The Supreme Court has reversed the decision of the Court of Appeal in this matter and decided that on a proper approach to the interpretation of a […]
Tags: Planning
Justification in Age Discrimination It is well understood by employment law practitioners that cost alone cannot amount to justification of indirect discrimination (Woodcock v Cumbria Primary Care Trust [2012] EWCA Civ 330). This has led to the development of so-called ‘cost+’ justification arguments. An example of cost + justification is where an organisation seeks […]
Tags: Employment
Non-Disclosure Agreements The Women and Equalities Committee have been undertaking an inquiry into the use of non-disclosure agreements in discrimination cases. The Committee reported on 5th June 2019 and there is a link to the full report at the end of this blog post. In the report, MPs condemned the routine cover-up of allegations […]
Tags: Employment
Holiday Pay & Voluntary Overtime Article 7 of the Working Time Directive states as follows: Annual leave Member States shall take the measures necessary to ensure that every worker is entitled to paid annual leave of at least four weeks in accordance with the conditions for entitlement to, and granting of, such […]
Tags: Employment
Payment for Shared Parental Leave & Maternity Leave Is it unlawful discrimination on the basis of sex – whether direct, indirect, or because the operation of the sex equality clause implied into all terms of work by the Equality Act 2010 (“the EA”) – for men to be paid less on shared parental leave than […]
Tags: Employment