Discrimination

Woman sues Health Minister over IVF age discrimination

The Daily Mail reported yesterday that a 37-year-old woman, who wishes to remain anonymous, has issued a legal challenge regarding age discrimination by her local Primary Care Trust (PCT).

In June, the woman was told by the PCT in Berkshire east that she was ‘too old’ to be given fertility treatment on the NHS. She went through a trust appeals procedure twice, but was handed the same decision each time.

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Bus driver sacked for BNP membership wins at European Court of Human Rights

Arthur Redfearn, former British National Party (BNP) councillor in Bradford, has won a case at the European Court of Human Rights regarding his sacking by Serco, according to The Independent.

Mr Redfearn, a bus driver who transported adults and children with physical and mental difficulties around Bradford, was dismissed after being elected as a councillor in 2004.

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Is it ok to wear religious symbols at work?

Freedom of expression with regard to religion has been in the news again this week.

The Independent reports that two British Christians appeared before the European Court of Human Rights in Strasbourg on Monday. They came to press their case for the freedom to wear a cross or crucifix at work, under Article 9 of the European Convention on Human Rights, which guarantees the right to freedom of thought, conscience and religion.
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Gillingham FC appeals McCammon judgment

Gillingham FC, the football club made to pay almost £70,000 to ex-player Mark McCammon, have lodged an appeal, the BBC reports.

The tribunal found that Mr McCammon had been racially victimised by the club when he was refused private treatment for an injury, docked wages, and fined for not training in heavy snow.

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Mental health sufferers challenge DWP over new benefit system

Last Friday, at a hearing in the Royal Courts of Justice in London, a High Court judge considered whether to grant permission for a judicial review of the Work Capability Assessment (WCA), regarding its effect on people with mental health problems.

The WCA forms the basis of advice to the Department of Work and Pensions (DWP), which is responsible for awarding the new Employment and Support Allowance (ESA) to claimants who cannot work because of illness or disability. The ESA will have replaced Incapacity Benefit by 2014.

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Hospital manager awarded compensation after maternity discrimination by employer

Mrs Michelle Stone, a 43-year-old general manger from Gloucestershire, has been awarded £18,000 in compensation, after an Employment Tribunal in Somerset found she had been subject to sustained discrimination during her maternity leave.

The Daily Telegraph reports that Mrs Stone, who had worked for Ramsay Health Care UK for 15 years, became pregnant in 2009. She gave birth by caesarean section and was suffering a painful aftermath, when she started receiving work e-mails and phone calls.

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Age discrimination by NHS to be made unlawful

The Care Minister, Paul Burstow, this week announced that in the near future elderly patients who suffer age discrimination with regard to their care will have the right to sue the National Health Service (NHS). This right will also apply to their relatives

Although discrimination on the grounds of age is already illegal in the workplace, the same legal safeguard has not been applied to health service providers. Discrimination cases will be heard by County courts, and successful claimants may be entitled to compensation from the NHS. (more…)

Youngest person to complete a full sex-change competes in Miss England contest

Jackie Green, an 18-year-old from Leeds, has reached the semi-finals of the Miss England competition, to be held later this month. Jackie’s achievement is remarkable because she is the youngest person ever, at 16 years of age, to have a full sex-change operation.

Jackie, originally named Jack by her parents, went through a difficult time growing-up as she always felt uncomfortable as a boy.  Jackie preferred to wear girl’s clothes even in her toddler years, but later on she was bullied at school and became depressed. (more…)

Supreme Court ruling about retirement-age discrimination

A partner in a Kent law firm has lost a final appeal at the Supreme Court, regarding his claim concerning a forced retirement at the age of 65. The appellant, Leslie Seldon, claimed he had been treated unfairly.

The outcome is of particular interest with regard to the way in which employers must justify discrimination against employees on the ground of age. (more…)

Positive action to increase minorities in top judicial posts

In a recent interview with the Times yesterday, Lord Neuberger, the Master of the Rolls, said that there is not enough diversity at the top of judiciary. To rectify this, he said that active steps needed to be taken so as to increase the presence of women and ethnic minorities.

Lord Neuberger suggested that a change in the constitution of the members making up the top judiciary could be achieved by applying section 159 of the Equality Act. The section allows for ‘positive action’ in relation to recruitment and promotion in England, Wales and Scotland. (more…)