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The 'Mrs L case' - Deprivation of liberty

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The issue to be decided by the Court of Protection in this case (W City Council v Mrs L [2015] EWCOP 20) was whether Mrs L, a 93 year old lady with a diagnosis of severe dementia, was being deprived of her liberty in her own home. Her care and safety...

Tenant faces eviction because of rare medical condition

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A tenant who claims that he is allergic to electricity faces eviction from his home in South Wales which he rented privately from his landlord.  The tenant is likely to find himself living on the streets after his landlord told him that she wasn't...

What to make of the homeless statistics?

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According to governments statistics produced by the Department for Communities and Local Government in March 2015, the number of homeless applications made to Local Authorities between 1st October 2014 and 31st December 2014 rose by one per...

Election manifestos and employment

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The major political parties have now delivered their Election Manifestos in the lead up to the 2015 general election. Many of the major policies put forward by the parties will have a direct impact on both employers and employees. Positive points arising...

Are you eligible for shared parental leave?

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The new shared parental leave rules came into effect on 1 December 2014 and apply to babies who are born on or after 5 April 2015. In essence, it gives both parents an opportunity to determine the best type of arrangement to care for their child during...

Is diabetes a disability?

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The Equality Act 2010 makes it illegal for employers to discriminate against someone simply because of their disability. The definition of disability is met if someone suffers with a physical or mental impairment that has a ‘substantial’ and...

Knowledge is everything: disability discrimination in the workplace

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Case update: Donelien v Liberata (UKEAT/0297/14/JOJ) In order to make adjustments for a disabled employee, an employer must have known about the employee’s disability. However, in practice this can be far from straightforward to establish, and...

High Court rules on expensive mistake

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The High Court has recently handed down a Judgment on a case which may result in a significant cost to HM Treasury to the sum of approximately £258 million. The case of NRAM PLC v McAdam & Hartley [2014] EWHC 4174 (Comm) sought to determine...

Option to provide blood or urine sample removed for suspected drink drivers

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It has previously been the case that where a driver provided a breath specimen at the police station with a reading of 50 or lower, they had a statutory option to provide either a blood or urine specimen as an alternative. This often had the effect...

Court of Appeal decides employees with caring responsibilities not entitled to reasonable adjustments

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Under the Equality Act 2010, all employees who suffer from a disability have a right to request that adjustments are made so that as far as is reasonably possible, the difficulties that their disabilities cause them do not impact on their ability to do their...

Insurance for lawnmowers?

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The VNUK case was a Slovenian case, referred on appeal and heard by the Court of Justice of the European Union (CJEU). It was a case involving a tractor on private, farm land. This is a case which has implications for not only motor insurers, but for any...

Zero hour contracts

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After news that a Labour government would pass legislation giving employees the right to a “normal” contract after 12 weeks working under a zero hour contract, it is worth assessing the impact that such a law would have on the average employee....