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Obesity can be considered a disability: EU court rules By Claire McCann The Court of Justice of the European Union (CJEU) has handed down a key judgment today on the vexed question of whether obesity constitutes a disability within the meaning of EU law.  It has concluded that whilst there is no general principle of non-discrimination on grounds of obesity, the Framework Directive for Equal Treatment in Employment should be interpreted as meaning that obesity will constitute a “disability” in circumstances where it causes physical or psychological impairments which hinder the full and effective participation of the individual worker in professional life on an equal basis with other workers.  The CJEU also made it clear that it will be for the national court to determine whether such circumstances exist.  The judgment can be found here. Continue reading
Medical staff to be charged with gross negligence manslaughter over child’s death Cloisters barrister, Linda Jacobs represented the family at the inquest of a six year old boy Jack Adcock who was admitted to Leicester Royal Infirmary with sickness and diarrhoea, and was later diagnosed as suffering pneumonia and septic shock. He died when he was mistaken for a child with a ‘do not resuscitate’ order, and resuscitation was stopped, but then restarted. The inquest was adjourned after 5 days for the CPS to consider prosecution. A paediatrician and two nurses will be charged with Gross Negligent Manslaughter and will appear in the Magistrates’ Court on 23 January. Media coverage on this case can be found at: http://www.telegraph.co.uk/news/uknews/law-and-order/11298765/Doctor-and-two-nurses-charged-with-manslaughter-over-death-of-six-year-old-boy.html http://www.bbc.co.uk/news/uk-england-leicestershire-30516542 http://www.itv.com/news/update/2014-12-17/medical-staff-to-be-charged-with-gross-negligence-manslaughter-over-boys-death-at-leicester-hospital/ http://www.thetimes.co.uk/tto/news/uk/article4300004.ece Continue reading
Cloisters barrister Caspar Glyn QC comments on  proposed law relating to exploited migrant workers Caspar Glyn QC, Cloisters' barrister,  comments to BBC World at One and the BBC on proposed new criminal offences in relation to exploited migrant workers. For BBC coverage on this go to: BBC news Continue reading
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Bus company wins appeal over wheelchair policy by Olivia Dobbie In the Court of Appeal judgment handed down today in the case of Firstgroup v Paulley, it was held that although wheelchair users have priority to occupy designated wheelchair spaces on buses, there is no legal requirement for bus drivers to move passengers from that space to allow wheelchair users to board. The Court of Appeal held that passengers should “of course” move from the designated space to allow wheelchair users to use it, but that if such passengers refuse, the driver is not required to do anything more than ask them to move. If they continue to refuse, the wheelchair user will have to wait for the next bus. Lord Justice Lewison stated that: “common decency and respect for wheelchair users should mean that other passengers make way for them” but that having a legal requirement to Continue reading
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Is caste discrimination barred under the Equality Act? The Employment Appeal Tribunal has reserved its decision in the case of Chandhok v Tirkey concerning whether caste-based discrimination is prohibited under the Equality Act 2010. Christopher Milsom, who appeared at first instance, led Tamar Burton in the first case heard by the EAT concerning caste-based discrimination. The Equality and Human Rights Commission was granted permission to intervene. The Claimant’s former employers appealed the decision, that she could amend her claims of race and religious discrimination, to include a claim for caste discrimination. She contended, and the judge agreed, that her ethnic origins under s 9 EA 2010 include her status, or perceived status, in the caste system. The Claimant relied on the early decision of Mandla v Lee [1983] 1 AC and the decision in R (E) v Governing Body of JFS and anor [2009] UKSC 15; [2010] AC 728 Continue reading