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Clark V TDG Ltd (t A Novacold Ltd)
''Clark v TDG Ltd (t/a Novacold Ltd)'' 999IRLR 318 is a UK labour law case concerning the Disability Discrimination Act 1995. Facts Mr Clark was injured at work (a frozen food warehouse in Hull). He was then dismissed when an orthopaedic doctor said he did not know when he would be able to start again. Judgment Mummery LJ said that the DDA drew no distinction between direct and indirect discrimination, and a justification defence is always available. The comparator was someone who was not disabled and could do the work. There certainly was discrimination, but on the question of justification, no attention had been paid to the Code of Practice. Significance Since Directive 2000/78/EC, there has been an amendment to the Disability Discrimination Act so that a distinction between direct and indirect discrimination was introduced, and the language of the Act clarified. The entire Act has subsequently been replaced by the Equality Act 2010. In ''Lewisham LBC v Malcolm and EHRC'', t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UK Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can Codetermina ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Disability Discrimination Act 1995
The Disability Discrimination Act 1995 (c. 50) (informally, and hereafter, the DDA) is an Act of the Parliament of the United Kingdom which has now been repealed and replaced by the Equality Act 2010, except in Northern Ireland where the Act still applies. Formerly, it made it unlawful to discriminate against people in respect of their disabilities in relation to employment, the provision of goods and services, education and transport. The DDA is a civil rights law. Other countries use constitutional, social rights or criminal law to make similar provisions. The Equality and Human Rights Commission combats discrimination. Equivalent legislation exists in Northern Ireland, which is enforced by the Northern Ireland Equality Commission. History The Act was the culmination of a public campaign, and at least 100,000 people in demonstrations, to force the government to end state and business discrimination against disabled people. While the Race Relations Act 1976 and the Sex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mummery LJ
Sir John Frank Mummery, Deputy Lieutenant, DL (born 5 September 1938) is a former Lord Justice of Appeal and is President of the Investigatory Powers Tribunal and a member of the Court of Ecclesiastical Causes Reserved in the UK. Education Mummery attended Dover Grammar School for Boys between 1949 and 1957 and then Pembroke College, Oxford. Legal career Mummery was called to the bar (Gray's Inn) in 1964, becoming a bencher in 1985. He was a Junior Treasury Counsel (charity matters 1977–1981; chancery matters 1981–1989). By the 1970s he was known as a copyright barrister, being consulted on matters such as Led Zeppelin's ''Black Mountain Side'' and its relation to Bert Jansch's version of ''Down by Blackwaterside.'' He also represented Apple Corps in efforts to stop the distribution of recordings of ''The Beatles in Hamburg''. He was appointed a Recorder (judge), recorder in 1989 before being appointed a High Court judge (England and Wales), High Court judge on 4 October t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equality Act 2010
The Equality Act 2010 is an Act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-discrimination law in mostly England, Scotland and Wales; some sections also apply to Northern Ireland. These consisted, primarily, of the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995 and three major statutory instruments protecting discrimination in employment on grounds of religion or belief, sexual orientation and age. The Act has broadly the same goals as the four major EU Equal Treatment Directives, whose provisions it mirrors and implements. However, the Act also offers protection beyond the EU directives, protecting against discrimination based on a person's nationality and citizenship and also extending individuals' rights in areas of life beyond the work ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lewisham LBC V Malcolm And EHRC
was a case concerning disability discrimination and the application of equality legislation in the United Kingdom, relevant for UK labour law. It replaced the head of disability-related discrimination from the DDA 1995 with the Equality Act 2010br>section 15on discrimination arising from disability. Facts Courtney Malcolm, a secure council tenant in Lewisham, had schizophrenia. He sublet his house, forfeiting his right to buy under the Housing Act 1985 section 93. At the time, Malcolm had not been taking his medication. The council, unaware of Malcolm's schizophrenia, terminated his tenancy and gave him a notice to quit. A possession order was granted on the basis that a causal connection between schizophrenia and subletting had not been established. Judgment Court of Appeal The Court of Appeal quashed the possession, saying it was contrary to DDA 1995 s 22(3) and that it was sufficiently in response to a disability-related reason as to satisfy s 24(1)(a). Questions raised in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UK Employment Discrimination Law
United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of UK labour law it is unlawful to discriminate against a person because they have one of the "protected characteristics", which are, age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, pregnancy and maternity, and sexual orientation. The primary legislation is the Equality Act 2010, which outlaws discrimination in access to education, public services, private goods and services, transport or premises in addition to employment. This follows three major European Union Directives, and is supplement by other Acts like the Protection from Harassment Act 1997. Furthermore, discrimination on the grounds of work status, as a part-time worker, fixed term employee, agency worker or union membership is banned as a result of a combination of statutory instruments and the Trade Union and Labour Relations ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Rights Act 1998
The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights. The Act makes a remedy for breach of a Convention right available in UK courts, without the need to go to the European Court of Human Rights (ECHR) in Strasbourg. In particular, the Act makes it unlawful for any public body to act in a way which is incompatible with the convention, unless the wording of any other primary legislation provides no other choice. It also requires the judiciary (including tribunals) to take account of any decisions, judgment or opinion of the European Court of Human Rights, and to interpret legislation, as far as possible, in a way which is compatible with Convention rights. However, if it is not possible to interpret an Act of Parliament so as to make it compatible with the convention, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom Labour Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom Equality Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal (England And Wales) Cases
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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