Legal Updates
Disabled Job Applicants and Reasonable Adjustments
We are often asked by employers whether they need to make reasonable adjustments for disabled job applicants. The answer is, of course, yes. We welcome the opportunity to assist in such cases as it means we can help a disabled candidate get the support they need and...
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Bristol City Council SEN Budget Reductions Quashed Due to Their Failure to Consult
The Bristol parents who recently crowd funded to challenge their Local Authority’s (LA) decision to reduce services available to children and young people with Special Educational Needs and Disabilities (SEND) were rewarded with a decision in their favour. The parents...
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Disability Discrimination Landmark Case Weakens Exclusion Loophole
On the 8th August 2018 the Upper Tribunal handed down its decision in C&C v The Governing Body of a School (HERE) which is likely to be of assistance to many disabled children facing exclusion. The decision is somewhat dense but our summary will focus on what it...
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When Health Care Provision (possibly) becomes Special Educational Provision
The case of East Sussex County Council v JC (SEN): [2018] UKUT 81 (AAC) heard earlier in the year looked at the distinction between health care provision and special educational provision and raised the possibility that some seemingly settled assumptions are open to...
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Avoid Social Media – When you want to let off steam!
The recent case of solicitor Ms Deborah Elizabeth Daniels illustrates how dangerous it is to use social media to be abusive. Ms Daniels was suspended and fined as the Solicitors Disciplinary Tribunal who found that she had used Twitter to be abusive towards...
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Autism-friendly ‘quieter hour’
Morrisons has launched an autism-friendly 'quieter hour' for shoppers who struggle with music and noise. From 9am to 10am, the lights will be dimmed in all stores and the music and radio will be turned off. Tannoy announcements will also be avoided, checkout beeps and...
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Government Finally Taking the Exclusion of Children with SEN/ Disability Seriously (Possibly!)
Keen consumers of education articles will likely have noticed that there has been criticism of schools/ post 16 provisions that exclude children and young persons who have special educational needs and/or a disability (‘SEN/SEND’). When we refer to exclusions these...
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Dismissal – Reconsideration and Prohibited Conduct
Really Easy Car Credit Limited v Thompson Ms Thompson (Claimant) had worked for Really Easy Car Credit Limited (Respondent) for a short period of time and was still within her probationary period when it was decided that she would be dismissed due to her “emotional...
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First-tier Tribunal Special Educational Needs and Disability (SEND) – Changes from 3rd April 2018
On the 3rd April 2018 the First-tier Tribunal Special Educational Needs and Disability (“SEND Tribunal”) will again be trialling an initiative to extend their powers to make recommendations in relation to the health and social care needs provision specified in EHC...
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Knowledge of A Disability (again!)
Mr T Toy v Chief Constable of Leicestershire Police: UKEAT/0124/17/LA This is the second case we know of that has been reported this year that addresses the issue of an employer’s knowledge of an employee’s disability. Factual Background Mr Toy (who is a Turkish...
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Fabricated and Induced Illness – Cases on the Rise, Apparently.
The response of many people when hearing “fabricated and induced illness” (or FII) for the first time is likely to be: what’s that? It is certainly something to be taken seriously. The website of the NHS describes it as: “… a rare form of child abuse. It occurs when a...
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Constructive Knowledge of Disability
Last week the Court of Appeal upheld the earlier decision in Donelien v Liberata UK Limited; this related to the assertion by an employer that they did not have constructive knowledge of an employee's disability and therefore had no duty to make reasonable...
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When to be Specific in an EHCp
B-M and B-M v Oxfordshire County Council (SEN) [2018] UKUT 35 (AAC) The recent case of B-M and B-M v Oxfordshire County Council provides some much-welcomed clarity in relation the specificity that should appear in section F of an Education Health and Care plan...
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A Case of Perceived Disability
In the recent case of the Chief Constable of Norfolk v Coffey the Employment Appeal Tribunal (EAT) considered an appeal by the Chief Constable of a case that went against them in the Employment Tribunal (ET). What was interesting about this case is that it considered...
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12 Tips to Christmas! – Tip 12.
Welcome to our final tip in our “12 tips to Christmas!” This is a mini survival guide which both business owners and employees may find useful to get them through the festive season without too much trouble! Tip 12– Holidays If a business does not operate a shut down...
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