McClintock V. Department Of Constitutional Affairs
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McClintock V. Department Of Constitutional Affairs
''McClintock v Department of Constitutional Affairs'' 008IRLR 29, ''Times'' 5 December 2007, is a UK employment discrimination law case concerning freedom of religion under Article 9 of the European Convention on Human Rights, unfair dismissal (s.94ff. Employment Rights Act 1996) and the new Employment Equality (Religion or Belief) Regulations 2003. Facts McClintock was a magistrate who served for 15 years on the family panel. The law in the UK had recently been changed to prevent discrimination against same-sex couples. The change in the law meant that children needing foster homes could be placed with same-sex couples, and the sex of the parents would not be the sole justifiable reason for declining placement. McClintock raised objections to sitting on cases where he might have to place children in foster homes with same-sex couples. At first he said that there was evidence to show that children placed with same-sex couples would be disadvantaged when compared to a child placed ...
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Employment Appeal Tribunal
The Employment Appeal Tribunal is a tribunal in England and Wales and Scotland, and is a superior court of record. Its primary role is to hear appeals from Employment Tribunals in England, Scotland and Wales. It also hears appeals from decisions of the Certification Officer and the Central Arbitration Committee and has original jurisdiction over certain industrial relations issues. The tribunal may sit anywhere in Great Britain, although it is required to have an office in London. It is part of the UK tribunals system, under the administration of His Majesty's Courts and Tribunals Service. The tribunal may not make a declaration of incompatibility under the Human Rights Act 1998. Membership There are two classes of members of the tribunal: *Nominated members, who are appointed from English and Welsh circuit judges, judges of the High Court and the Court of Appeal as well as at least one judge from the Court of Session. *Appointed members, who must have special knowledge or exper ...
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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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European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The Convention established the European Court of Human Rights (generally referred to by the initials ECHR). Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors the ...
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Unfair Dismissal
In labour law, unfair dismissal is an act of employment termination made without good reason or contrary to the country's specific legislation. Situation per country Australia (See: '' unfair dismissal in Australia'') Australia has long-standing protection for employees in relation to dismissal. Most of that protection was however confined in one of two ways. An employer could not dismiss an employee for a prohibited reason, most typically membership of a union.Such a''Commonwealth Conciliation and Arbitration Act'' 1904 (Cth)s9(1). An individual however could not challenge their own dismissal as being unfair and instead had to rely upon a union challenging the fairness of the dismissal. This remedy however was generally only available in the state tribunals. A similar definition existed at the Commonwealth level, however it was considerably limited by the requirement under the Constitution to establish an inter-state dispute. The ability for an individual to seek relief from unfai ...
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Employment Rights Act 1996
The Employment Rights Act 1996 (c. 18) is a United Kingdom Act of Parliament passed by the Conservative government to codify existing law on individual rights in UK labour law. History Previous statutes, dating from the Contracts of Employment Act 1963, included the Redundancy Payments Act 1965, the Employment Protection Act 1975 and the Wages Act 1986. It deals with rights that most employees can get when they work, including unfair dismissal, reasonable notice before dismissal, time off rights for parenting, redundancy and more. It was amended substantially by the Labour government since 1997, to include the right to request flexible working time. This coincides with the Rights at Work Act 1995. Part I, Employment particulars An employee has an employment contract. ERA 1996 section 1(2) states, that the main terms of the contract must be in writing and provided to the employee within two months of the start of their employment. This document is called a "written statement o ...
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Employment Equality (Religion Or Belief) Regulations 2003
The Employment Equality (Religion or Belief) Regulations 2003 is a plank of United Kingdom labour law designed to combat discrimination in relation to people's religion or belief, or absence of religion or belief. They were introduced in order to comply with the European Union Directive 2000/78/EC and complement similar measures on sexuality, age, disability, race and gender discrimination. The EU Directive in turn is similar to legislation passed in the United States. The Regulations have been revoked by, and the substantive provisions included in, the Equality Act 2010.Equality Act, 2010
sched. 27 part 2


Provisions

The main provisions of the regulations are to make direct and indirect discrimination against an employee or potential employee on the grounds of religion unlawful. They also make it unlawful to discriminate by ...
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Department Of Constitutional Affairs
The Department for Constitutional Affairs (DCA) was a United Kingdom government department. Its creation was announced on 12 June 2003; it took over the functions of the Lord Chancellor's Department. On 28 March 2007 it was announced that the Department for Constitutional Affairs would take control of probation, prisons and prevention of re-offending from the Home Office and be renamed the Ministry of Justice. This took place on 9 May 2007. It was primarily responsible for reforms to the constitution, relations with the Channel Islands and Isle of Man and, within England and Wales, it was concerned with the administration of the Courts, legal aid, and the appointment of the judiciary. Other responsibilities included issues relating to human rights, data protection, and freedom of information. It incorporated the Wales Office and the Scotland Office, but those offices remained the overall responsibility of the Secretary of State for Wales and Secretary of State for Scotland respe ...
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Ministry Of Justice
A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Justice (Albania) * Ministry of Justice and Solicitor General of Alberta * Ministry of Justice (Algeria) * Ministry of Justice (Andorra) * Ministry of Justice (Angola) * Ministry of Justice and Legal Affairs (Antigua and Barbuda) * Ministry of Justice and Human Rights (Argentina) * Ministry of Justice (Armenia) * Ministry of Justice, Security and Integration (Aruba) * Ministry of Justice (Austria) * Ministry of Justice (Azerbaijan) * Ministry of Justice (Bahrain) * Ministry of Law, Justice and Parliamentary Affairs (Bangladesh) * Ministry of Justice of the Republic of Belarus * Ministry of Justice (Benin) * Ministry of Justice and Institutional Transparency (Bolivia) * Ministry of Justice (Bosnia and Herzegovina) * Ministry of Justice and Publ ...
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Paul Diamond (lawyer)
Thomas Boric (born May 11, 1961) is a Croatian retired professional wrestler better known by his ring name Paul Diamond. He is best known for being one half of the tag team Badd Company with Pat Tanaka and for his time in the World Wrestling Federation as Kato, one half of The Orient Express, also with Tanaka. Before he was a professional wrestler, Boric was a professional soccer player. Early life Boric was born in Zagreb, Croatia in 1961 and grew up wanting to follow in his father's footsteps and become a soccer player. When Boric was 13 years old the family emigrated from Croatia to Canada, settling down in Winnipeg, Manitoba. Tom got a full soccer scholarship to Old Dominion University in Norfolk, Virginia. Professional soccer career After only three semesters at college, Boric was selected as the 6th overall pick of the 1981 NASL draft to play goalkeeper for the recently formed Calgary Boomers of the North American Soccer League. After the Boomers folded in 1981, Boric mo ...
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Patrick Elias (judge)
Sir Patrick Elias, PC (born 28 March 1947), is a retired Lord Justice of Appeal.Privy Council appointment of Sir Patrick Elias
, 3 March 2009, Prime Minister's Office, Press Notices


Early life and education

Patrick Elias was born in Cardiff and received his undergraduate degree, with first-class honours, at in 1969, where he was a member of both the rugby and cricket teams. He was called to the



ERA 1996
The Employment Rights Act 1996 (c. 18) is a United Kingdom Act of Parliament passed by the Conservative government to codify existing law on individual rights in UK labour law. History Previous statutes, dating from the Contracts of Employment Act 1963, included the Redundancy Payments Act 1965, the Employment Protection Act 1975 and the Wages Act 1986. It deals with rights that most employees can get when they work, including unfair dismissal, reasonable notice before dismissal, time off rights for parenting, redundancy and more. It was amended substantially by the Labour government since 1997, to include the right to request flexible working time. This coincides with the Rights at Work Act 1995. Part I, Employment particulars An employee has an employment contract. ERA 1996 section 1(2) states, that the main terms of the contract must be in writing and provided to the employee within two months of the start of their employment. This document is called a "written statement of ...
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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 (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 ...
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