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EVALUATING THE TEST FOR INTERIM SEPARATION

EVALUATING THE TEST FOR INTERIM SEPARATION POST C (A Child) (Interim Separation), Re [2019] EWCA Civ 1998 December 6th 2019 Removal of a child from their birth parents has been described by Sir James Mumby as being a ‘draconian measure’ but one that is undoubtedly necessary in certain cases to protect the child from suffering, […]

Tags: Family

Striking the Right Balance – Contact for Infants in Care

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

CCTV Surveillance at Work

CCTV Surveillance at Work   Article 8   Article 8 of the Convention reads as follows:   “1.  Everyone has the right to respect for his private … life …   There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law […]

Tags: Employment

Reversal of the Burden of Proof in Discrimination Claims

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

  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

Early Conciliation Number & Claim Form Information

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

 Justification in Age Discrimination

 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