Category: News

Disabled workers, with the right skills and qualifications, not only have the right to work, but are protected under the Equality Act of 2010. It’s illegal for an employer to discriminate against an employee because of their disability.

As a disabled employee, you need to be aware of employment law and your rights in the workplace. Here’s a brief guide to help you understand the duty of care that your employer is obliged to comply with.

Treatment

You have the right to be treated as favourably as able-bodied colleagues. Your disability cannot be used as an excuse to impede you from carrying out the same duties or applying for promotions.

If your employer makes a decision regarding your employment that you consider is unfavourable, then they must reasonably justify it.

If you are the carer of a disabled person such as a child or partner, you must not be treated unfavourably or discriminated against because of this.

An employer may not treat you unfavourably because they assume you may have a particular disability. For example: an HIV-positive employee should not be treated differently because their employer no longer thinks they are capable of doing their job.

Reasonable Adjustments

The Equality Act also states that an employer must make reasonable adjustments within the workplace so that a disabled employee can work without impediment. An employer will receive financial support so a disabled employee should never be asked to pay for necessary adjustments.

Physical adjustments may consist of ramps, stairlifts, wider doorways and adequate toilet facilities. Other adjustments may include flexible working hours, modification of equipment, extra training and extra breaks.

If provisions aren’t made, an employer can be found negligent in their duty of care, and also face unlawful discrimination charges.

For more information on employment law and disability rights, contact Mark Reynolds Solicitors today.

When you or a loved one is involved in an accident it can be a very confusing and upsetting time. Often accidents can cause people to be unable to work or to even care for themselves properly. In these instances you may want to look at filing an accident claim in order to help get your life back to the way it was.

It is important to know that regardless of whether you were in the car or simply a pedestrian involved in the accident, you are within your rights to be compensated for any damages. Whether it be medical expenses, loss of income- present and future or any other expenses that have been as a result of the accident. It is impossible to say how much compensation you will receive until your circumstances have been fully analysed by a solicitor and all evidence for your claim has been compiled.

What to do after that accident

In order to have a strong case and receive the compensation you deserve, it is important you have as much documentation as possible. The following is a comprehensive list of all the documentation you will need to collect in the time following the accident.

• Copy of the police report as this may contain records of who in the police officers opinion was to blame for the accident.
• Photographs or Video footage of the vehicle and accident scene.
• Photographs or Video footage of any injuries you have sustained as a result of the accident.
• Any records of visiting your GP, emergency rooms, physical therapists after the accident and copies of any prescriptions. These will all need to be signed and dated to prove that the treatment received was in fact post-accident.
• An official letter from your employer that notes down and verifies any hours of work that you have lost as a result and the exact amount of income you have lost.
• Keep any records and receipts of services and costs that you have incurred as a result of the accident. This could include taxi services if you are unable to now drive, any cancellations and costs as a result, any child care services etc.
• You should also keep a diary of every day since the accident, this should detail your day and what has been difficult mentally, physically and emotionally as a result of your injuries. You should also write about any procedures or treatments you have had to go through and how they made your feel/any discomfort experienced.

Once you have collated all of the evidence it should be handed over to your solicitor who will work to compile it all into a case that will hopefully win your compensation. Once this is done, your solicitor will be able to give you a figure of what they feel you will receive in their professional opinion.

Towards the end of 2015 new laws were put in place to protect those who fall victim to psychological or emotional abuse. This newly passed legislation will mean that if found guilty, psychological abusers will face either a large fine, up to five years in jail or both.

Before this change in legislation, there were no specific offences regarding domestic abuse, particularly regarding the criminalisation of controlling or coercive behaviours. Most domestic abuse cases are prosecuted under a number of offences ranging from common assault, to harassment, to threatening behaviour. The only issue is that victims would have to report any abuse within six months of it occurring. With the new legislation, victims now have up to two years to report the crime.

What is classed as ‘controlling and psychologically abusive’ behaviour?

• Financially abusing the individual
• Threatening to reveal or publish private information of the individual
• Isolating the individual from their friends or family
• Controlling their lives e.g. where they go, what they do, who they can see
• Regularly putting them down and making them feel worthless
• Enforcing rules which degrade and dehumanise the individual

When does this offence apply?

When these behaviours are repeated on an ongoing basis and the victim is suffering from them the offence will apply. Each case is considered on an individual basis but generally the courts will look for evidence of behavioural patterns rather than isolated incidents. There is also no set number of incidents of controlling or coercive behaviour that had to have occurred for a case to be proved.

This behaviour must have also had a serious effect on the victim. This ‘serious effect’ refers to the victim either fearing that violence will be used against them on at least two occasions or that they have been caused serious alarm or distress. It must also be calculated behaviour in that the abuser knows or should know that what they are doing will have a serious effect on the victim. Finally, the abuser and victim must have been personally connected during the incidents whether that be in a relationship or are family who live together.

When you or a loved one is involved in an accident it can be a very confusing and upsetting time. Often accidents can cause people to be unable to work or to even care for themselves properly. In these instances you may want to look at filing an accident claim in order to help get your life back to the way it was.

It is important to know that regardless of whether you were in the car or simply a pedestrian involved in the accident, you are within your rights to be compensated for any damages. Whether it be medical expenses, loss of income- present and future or any other expenses that have been as a result of the accident. It is impossible to say how much compensation you will receive until your circumstances have been fully analysed by a solicitor and all evidence for your claim has been compiled.

What to do after that accident

In order to have a strong case and receive the compensation you deserve, it is important you have as much documentation as possible. The following is a comprehensive list of all the documentation you will need to collect in the time following the accident.

• Copy of the police report as this may contain records of who in the police officers opinion was to blame for the accident.
• Photographs or Video footage of the vehicle and accident scene.
• Photographs or Video footage of any injuries you have sustained as a result of the accident.
• Any records of visiting your GP, emergency rooms, physical therapists after the accident and copies of any prescriptions. These will all need to be signed and dated to prove that the treatment received was in fact post-accident.
• An official letter from your employer that notes down and verifies any hours of work that you have lost as a result and the exact amount of income you have lost.
• Keep any records and receipts of services and costs that you have incurred as a result of the accident. This could include taxi services if you are unable to now drive, any cancellations and costs as a result, any child care services etc.
• You should also keep a diary of every day since the accident, this should detail your day and what has been difficult mentally, physically and emotionally as a result of your injuries. You should also write about any procedures or treatments you have had to go through and how they made your feel/any discomfort experienced.

Once you have collated all of the evidence it should be handed over to your solicitor who will work to compile it all into a case that will hopefully win your compensation. Once this is done, your solicitor will be able to give you a figure of what they feel you will receive in their professional opinion.

When an individual falls victim of a personal injury it can often be a worrying and uncertain time clouded by doubt of how to proceed with contacting a law firm to start the process of seeking compensation. If you or someone you know is currently in this position the following five key points will help you understand the steps that can now be taken to form a personal injury claim.

The first and most important step to take is to contact a law firm to seek advice as early on as possible. If you have suffered a personal injury as a result of medical malpractice, an accident that occurred at work or elsewhere, slipping and falling or even as a result of a product, it is important not to wait. The longer you decide to wait the less evidence you will be able to collect and the weaker your case becomes. It is also important that your first call is to a solicitor as taking matters into your own hands can often make things worse and isolate you in the matter. By seeking the years of experience and professionalism of a solicitor you will be able to decide how best to proceed in the situation.

It is also extremely important that you are completely honest with your solicitor when describing not only the details of what happened, but your medical past, any injuries you have sustained prior to the accident and any criminal history. Without all of this information your solicitor will be unable to make an accurate and fair judgement on where you would stand with your case. If you decide to not disclose everything to your solicitor, when it comes to later on in the proceedings whether it be in or out of court, the truth will surface and it can severely damage your case.

One of the key aspects of a personal injury case that often gets forgotten is being able to properly look after yourself. As soon as the accident occurs you should see a medical professional and from that moment follow all medical advice that is given to you. If there are any medications, check-ups, appointments, lab works, therapy or referrals of any type given you must follow through on all of them. Failing to adequately care for yourself can equally harm your claim as you may look as if you are trying to claim for a condition that has developed as a result of your own lack of care.

Depending on your situation, in some cases individuals will find that they are unknowingly being monitored by the defence. It isn’t uncommon for the defence to hire a professional private eye to watch, track and even record you if they have reason to believe you are lying about your injuries. If within your case you have stated that you are unable to carry out an activity such as walking or carrying any weight then you should not be doing/attempting any of these activities until advised to by your medical professional.

As with any case, privacy is key and whilst these days individuals have a tendency to post about their lives online for friends and family to know, it is not advisable. If the defence is able to get access to any of this information it could very easily harm your claim in numerous ways. Additionally, as with the last point, if they have hired someone to monitor you they are likely to be looking at your social media too so try to be as private as possible during this time.

Medical Negligence claims are based around two separate things; firstly that there was fault on the end of the healthcare professional in that they did not carry out their responsibilities correctly and secondly that there was avoidable harm in that as a result of this failure you are now in a position where you have been harmed. The ‘Fault’ refers to the idea that their duty as a medical professional has not been carried out and that you have not been treated or cared for in a way you expected. ‘Avoidable Harm’ which is often referred to as causation means that as opposed to any ailments of your own, the failed care has been the factor which has caused you harm.

As with most legal cases, there is a time constraint and with medical and clinical negligence cases you are allowed to file a claim within three years from the date of your injury or from the date where it became known that your injury/harm was as a result of the medical or clinical negligence. The earlier you begin taking steps to start a claim and contact a solicitor, the easier it will be for them to collect all the necessary evidence and investigate your case in its entirety. Some of the evidence such as memory is somewhat time sensitive as the longer you leave it without recording the details, the less reliable it becomes and the harder it become to present in a case.

In terms of preparing to make a claim, your appointed solicitor will want to understand every aspect of what has happened to you and the affect it has subsequently had on your life. If you have had to take time off work, have been unable to return to work, have been unable to have full mobility or even look after yourself, your solicitor will want to know. Once this is understood then they will be able to make sure that you are receiving all of the compensation you will need for the future. At this point they will then look to collect statements of the event, medical records as well as a wide range of evidential materials to aid your case.

Most of these cases are settled outside of court as in terms of medical negligence generally the medical company will want to keep it as quiet as possible. If however you find that you do have to go to court, we will be with you every step of the way to ensure that you are completely mentally prepared.

If you believe that you have been unfairly dismissed from your place of work it can be a very confusing and upsetting time. It is often very hard to know what to do in this situation but there are steps that you can take in order to make a complaint against your former employer for unfair dismissal.

There are many grounds within employment law on which you can build a case for unfair dismissal, the following list names just a few of the common reasons:

• Race
• Gender
• Sexuality
• Age
• Joining a trade union
• Trying to maintain your rights as an employee
• Asking for flexible working hours
• Needing time off for jury service
• Asking for maternity/paternity/adoption leave
• Whistleblowing
• Being forced to retire

If your reason for dismissal has not been listed here and you are unsure as to whether you have grounds on which to build a case, it is advisable that you contact a law firm or citizens advice for further information on employment law.

Once you are sure that you wish to go ahead with forming a complaint, the first step is to lodge an unfair dismissal appeal with your former employer. If you are part of any trade union you will be able to ask your work place representative for advice on the matter and ask them to be present in any meetings you might have with your employer, but doing this isn’t always necessary. Although in these cases it can be hard not to be angry and upset it is imperative that you calmly state the facts and remain professional throughout this time. It may often feel very awkward, especially if your place of work is a small business but it is best to try to resolve these complaints before any legal proceedings take place.

If this first step has been so far unsuccessful and you feel that it isn’t going anywhere you may want to consider mediation. Mediation is a step that is taken before any legal action and is still an informal discussion with the involved parties. In this situation a completely neutral third party is brought in to help observe and aid in discussing the dismissal dispute. If you are unable to find a suitable third party candidate, there are plenty of organisations in place to help with these kinds of disputes.

Finally, if the first two steps have failed and all communication has broken down between you and your employer it may be time to contact a solicitor to help with proceedings. In doing so you will have access to professional legal advice and the steps that can now be taken if you wish to take your former employer to court in an employment tribunal. Tribunals have the power to provide both compensation and reinstatement at your job if they find your employer to be guilty. If your employer is also guilty of more serious discriminatory dismissal your solicitor will advise you on additional claims that can be made.

As with any legal case, there is a time restriction and if you wish to file for unfair dismissal it must be done within three months from being dismissed.

If you live in a rented property, your landlord has a duty of care to ensure your home is safe to live in. This includes dealing with damp and mould problems that can have a serious effect on your health.

Here’s a look at the health risks of damp and mould, and what to do to make a personal injury claim if your health has suffered as a direct result.

Causes of Damp and Mould

Damp is caused by the build-up of excess moisture settling on cold surfaces. Condensation damp is due to lack of ventilation and inadequate heating in winter. Damp can also be caused by leaking pipes, rising damp from basement areas, and damage to roof and window structures. This can result in mould growth, which appears on surfaces and even furniture.

Health Risks

Mould produces toxic allergens that are extremely harmful if you’re exposed over a period of time. Those most at risk are the elderly, and babies and children. Mould exposure can cause skin allergies such as eczema and respiratory problems such as asthma and bronchitis.

Agricultural workers can also develop respiratory problems known as ‘farmer’s lung’ due to exposure to mould spores found in grain, animal feed and straw.

Who’s Responsible?

If mould is due to poor living or working conditions, your landlord or employer must be notified to be deemed responsible. Only if they refuse to act on the problem, will you be entitled to take legal action.

Legal Action

To pursue a personal injury claim, you’ll need to present evidence that your landlord or employer is responsible and has failed to act on the problem. You’ll also need medical reports stating that your illness is a direct result of the damp and mould conditions.

Call Mark Reynolds Solicitors on 0800 002 9577 today to speak to our no win, no fee personal injury advisors.