Abridged Nov 2007
Stop Press:
Congratulations to Nwabueze Nwokolo, who has been elected unopposed as Chair of the Law Society’s new Equality and Diversity Committee.
Law
Associative Discrimination Case
This landmark case - heard by the ECJ earlier this month - concerns a legal secretary at a London law firm, who gave birth to a child with a disability and was allegedly treated less favourably than parents of non-disabled children. She left the firm and brought a claim for constructive dismissal and disability discrimination. Please click here to view Law Society case report
Change to living wills and lasting powers of attorney
The Times Online
This article reports on the new lasting power of attorney, which has replaced the enduring power of attorney. Frances Gibb reports that solicitors have been “deluged by anxious clients wanting to appoint people to manage their affairs should they lose their mental faculties because of fears that the new system will be much more complex and costly”. Gibb explains that the new lasting power of attorney is aimed at giving the elderly greater protection and for the first time it gives advance directives, known as living wills. At present only 2 million people have powers of attorney although increasing numbers of people are suffering from dementia or other mental incapacity. Law Society Policy Adviser Tim Spencer-Lane explains that the new scheme will protect against abuse. He said, “It is estimated by the Public Guardian Office that between 10 and 15 percent of all enduring powers of attorney are used as vehicles of financial abuse, mainly because there is no record of unregistered EPAs”.
Please click here to view the Times Online article
MHLA claims fixed-fee scheme for mental health work breaches human rights
(From the Law Society)
The Mental Health Lawyers Association (MHLA) has launched judicial review proceedings against the Legal Services Commission (LSC) over its decision to introduce a fixed-fee scheme for mental health work. Please click here to view MHLA document
Client care guide: new edition
The Law Society's client care guide, "Your clients – your business", has been updated to reflect the changes that have come into force following the introduction of the Solicitors' Code of Conduct. It provides invaluable advice on developing and sustaining good client relations: Please click here to view client guide PDF
Employment
Improving disabled skills 'offers big rewards'
Harnessing the skills of Britain's disabled workforce could boost the UK economy by as much as £48 billion in the next three decades, a report claims.
The Social Market Foundation (SMF) think-tank believes improving disabled people's skills will provide a £35 billion bump while the help they give to the employment rate is worth £13 billion: Read more here
Seventy percent rise in jobs for disabled people
Remploy recorded a 70 per cent increase in the number of disabled people it supported into jobs in mainstream employment in the first quarter of this year: Please click here to view an online news article
Other equality news
Ban on Incitement against Gay People
The Guardian p7, Daily Telegraph p14, The Times p2 October 9th 2007
The Justice Secretary, Jack Straw, has announced that the Government is to make it a crime to incite hatred because of a person’s sexual orientation or their perceived sexual orientation. The offence will carry a maximum sentence of seven years. The details of the measure are yet to be finalised. Jack Straw will insert a clause to create the offence when the Criminal Justice and Immigration Bill reaches committee stage.
Man banned from library for homophobic incident
A campaigner against gay rights was locked in a police cell for eight hours after he refused to be served by a gay librarian.
Devout Christian Joe Fairclough, 58, describes homosexuality as 'a sin' and has protested against adoption rights for gay couples.
Now he has been banned from his local library after telling a gay employee in a civil partnership that he wanted to be served by a different member of staff. Please click here to view manchester news article
Miscellaneous
Tinnitus helpline
RNID has developed a dedicated tinnitus helpline (0808 808 0123) and area on its website: Please click here to view website which can provide expert advice and tips to help those with tinnitus live life to the full.
Major firms back tax breaks for carers
Carers should have tax breaks to allow them to remain at work, employers and charities said yesterday.
At present, 70 per cent of carers under 50 have to give up paid employment, causing them financial hardship and draining the work force of valued and experienced employees, say researchers: Please click here to view telegraph news article
Mapping the capacity and potential for User-led Organisations (ULO) in England
Sue Maynard-Campbell, Chair of GSD, has co-written the following publication in full, executive summary and easy-read versions for the Department of Health, which is available in a PDF and MP3 sound file formats: Please click here to view publication download options
Intercontinental Hotels Group discounts
IHG hotels are offering a discount to Disabled Persons Railcard Holders, when bookings are made via Tourism for All: Please Click here to view railcard special offers
International News
White Cane Safety Day
The President of the United States, George W Bush, has inaugurated a White Cane Safety Day each October. Please click here to view further information
Law firms' LGBT hiring scrutinized
(News from the United States)
About one-fifth of large New York law firms do not have any LGBT partners or associates, according to new data by Building a Better Legal Profession, a grassroots organization of law students.
Please click here to view gay.com article
National Disability Rights Network Urges Congress to Pass ADA Restoration Act
17th anniversary of landmark Americans with Disabilities Act reveals progress, much yet to be done
Over the past 17 years, the courts have narrowed the definition of disability so much that people with conditions like epilepsy, diabetes, HI V, cancer, and hearing loss who manage their disabilities with medication, prosthetics, or hearing aids are viewed as "too functional" to have a disability. While these same people may be denied a job or fired because an employer mistakenly believes they cannot perform the job, they are denied the Ad's protection from employment discrimination. This creates a Catch-22 in which employers say a person is "too disabled" to do the job but not "disabled enough" to be protected by the law.
The ADA Restoration Act introduced in July ensures the right of individuals to be judged based on performance. It restores the original intent of Congress, harmonising the ADA with other civil rights laws and requiring the courts to interpret the law fairly.