Jones V Post Office
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Jones V Post Office
''Jones v Post Office'' 001IRLR 384 is a UK labour law case, under the Disability Discrimination Act 1995. Facts Mr Jones was a Royal Mail driver. He became diabetic and insulin dependent and was removed from driving duties. The Post had done their own medical appraisal, which turned out to be wrong. He alleged that his dismissal was unfair. Judgment The Court of Appeal, in a controversial decision, held it was not. Pill LJ said "Where a properly conducted risk assessment provides a reason which is on its face both material and substantial, and is not irrational, the tribunal cannot substitute its own appraisal." Arden LJ said "the word substantial .5(3)does not mean that the employer must necessarily have reached the best conclusion that could be reached in the light of all known medical science. Employers are not obliged to search for the Holy Grail." Subsequent developments This case has been subject to considerable academic criticism, for introducing (without any apparent ...
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Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice and the Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. The ...
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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. 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 vote for the directors of the ...
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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 D ...
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Pill LJ
Pill or The Pill may refer to: Drugs * Pill (pharmacy), referring to anything small for a specific dose of medicine * "The Pill", a general nickname for the combined oral contraceptive pill Film and television * ''The Pill'' (film), a 2011 film * "The Pill", a 1999 episode of ''That '70s Show'' Music * "The Pill" (song), a song by Loretta Lynn *The Pills, American rock band * "The Pill", a song by The Brothers-in-Law * "Pills", a song by Bo Diddley * "Pills", a song by Joji from '' In Tongues'' * "Pills", a song by The Mess Hall from ''Notes from a Ceiling'' * "Pills", a song by St. Vincent from ''Masseduction'' Places * Pil (placename) or Pill, a placename element of Welsh origin * Pill, Tyrol, a municipality in Austria * Pill, Somerset, a village in England, United Kingdom * Pillgwenlly or Pill, an electoral ward in Newport, South Wales, United Kingdom * Pill Priory, near Milford Haven in Pembrokeshire, Wales, United Kingdom Other uses * Pill (surname), list of peopl ...
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Arden LJ
Mary Howarth Arden, Baroness Mance, , KC, PC (born 23 January 1947), known professionally as Lady Arden of Heswall, is a former Justice of the Supreme Court of the United Kingdom. Before that, she was a judge of the Court of Appeal of England and Wales. Early life and education Mary Howarth Arden was born in Liverpool, the daughter of Lieutenant-Colonel Eric Cuthbert Arden, of Heswall, Cheshire, a solicitor who had served with the Royal Garrison Artillery, and Mary Margaret (née Smith). Her grandfather was a partner in Gamon Arden and Co., a Liverpool firm of solicitors. Her father and brother, Roger, joined the family firm which merged with Hill Dickinson in 2007. She was brought up in south Liverpool and educated at Huyton College. She read law at Girton College, Cambridge, where she gained a starred first and an LLM, and an LLM degree at Harvard Law School in 1970 as a Kennedy Scholar. Career She was called to the bar at Gray's Inn in 1971, and joined Lincoln' ...
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Reasonable Range Of Responses
__NOTOC__ Reasonable may refer to: * Reason, the capacity for rational thinking * Reasonable accommodation, an adjustment made in a system to accommodate an individual's need * Reasonable and non-discriminatory licensing, a licensing requirement set by standards organizations * Reasonable Blackman, a silk weaver in sixteenth-century England * Reasonable doubt, a legal standard of proof in most adversarial criminal systems * Reasonable efforts, a criterion in child welfare in the United States * Reasonable person, a person who exercises care, skill, and appropriate judgment ** Reasonableness, the quality of being a reasonable person ** Subjective and objective standard of reasonableness, legal standards of reasonableness * Reasonable person model, a psychological model of environments/actions that foster reasonableness * Reasonable suspicion, a legal standard of proof in United States law * Reasonable time Reasonable time is that amount of time which is fairly necessary, convenien ...
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Paul V National Probation Service
''Paul v National Probation Service'' 004IRLR 190, 003UKEAT 0290_03_1311is a UK labour law case, concerning the duty of an employer to make reasonable adjustments to accommodate employees with disabilities. Facts Mr Paul was chronically depressed, and was turned down for a job at the National Probation Service. This was on the basis of the employer's own medical report. But they did not go to ask the applicant's own doctor, or take steps to investigate how far the illness actually affected Mr Paul's potential work capability. Mr Paul claimed constructive dismissal under the Disability Discrimination Act 1995. Judgment The Employment Appeal Tribunal held that the employer did not consider its duty to adjust. It could not argue that it had no duty to accommodate Mr Paul, because a minimum step would be to look at what was possible. The simple first steps included getting advice from the claimant's own consultant and thinking about ways the job may also have been changed. See also ...
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Collins V Royal National Theatre Board Ltd
''Collins v Royal National Theatre Board Ltd'' [2004EWCA Civ 144 [2004] IRLR 395 is a case under the Disability Discrimination Act 1995. It concerns the duty of an employer to make reasonable accommodations for a disabled employee. Facts Mr Collins lost part of his finger in an accident at the Royal National Theatre’s carpentry shop, making his hand clumsy. He had worked there 18 years. He refused surgery and was dismissed. Judgment Sedley LJ held that there was a failure on the Theatre's part to make reasonable adjustments. On a technical point, he held that reasons why the employer had not made any effort to adjust the workplace for the employee could not be brought up in argument if they had already been dismissed when looking at whether there was a duty to make reasonable adjustments in the first place. See also * UK employment discrimination law *UK labour law *Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which re ...
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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 ( ...
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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, ...
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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 ...
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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 ...
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