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Handlebar moustache discrimination – time for a new law
There are all sorts of discrimination, but surely the strangest is handlebar moustache discrimination. Beards, yes, but moustaches? What seems even more extraordinary is that the issue has been raised in connection with an airline. Just sixty-odd..
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008
Solicitors’ Professional Indemnity Survey 2007
By Steve Holland, executive director, Lockton Professions
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008
Monthly Quota
“Although, it seems unlikely that the claimant will succeed in this case, we will be keeping a very close eye on the court’s findings. The duty of care owed by employers to employees, or land owners to visitors, are of course well..
Online Published Date:
01 March 2008
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211 - 01 March 2008
Homophobic banter not always sexual orientation discrimination
The Employment Appeal Tribunal (EAT) in English v Thomas Sanderson Blinds has ruled that homophobic banter targeted at a man who was not gay and who his ‘tormentors’ (to use the EAT’s phrase) knew was not gay does not amount to..
Online Published Date:
01 March 2008
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211 - 01 March 2008
Independent review of Civil Justice Council announced
An independent review of the Civil Justice Council has been announced by the Ministry of Justice. The Civil Justice Council is an advisory public body with responsibility for overseeing and co-ordinating the modernisation of the civil justice..
Online Published Date:
01 March 2008
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211 - 01 March 2008
Lord’s ruling on sexual assault time limit
One of the country’s leading child abuse lawyers has welcomed the ruling by the House of Lords to hand discretion for setting time limits within which a sexual assault victim can make a complaint against their abuser, back to the courts...
Online Published Date:
01 March 2008
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211 - 01 March 2008
New liability practice for Cunningham Lindsey UK
Cunningham Lindsey UK’s specialist liability practice, Liability Services, is opening a new, desk-based liability claims management facility in Leeds, headed by Bob Allen.
Focusing on employers’ liability and public liability claims for..
Online Published Date:
01 March 2008
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211 - 01 March 2008
Lloyd’s annual underwriter survey
In January 2008 Lloyd’s undertook its fourth annual underwriter survey. The survey covered a sample of underwriters in the Lloyd’s market and it focused on the key issues impacting on the global insurance industry, the impact of emerging..
Online Published Date:
01 March 2008
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211 - 01 March 2008
Marsh report on liability of transport and logistics firms
Transport and logistics firms across Europe are struggling to cope with new categories of liability and an increasingly complex regulatory landscape, according to Marsh. Its latest research, “Liability Insurance Buyers Report Europe..
Online Published Date:
01 March 2008
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211 - 01 March 2008
Latest national statistics on road casualties
The Department of Transport has published National Statistics on road casualties in Great Britain for the third quarter of 2007, which relate to casualties in accidents reported to the police.
The provisional estimates show the number of fatalities..
Online Published Date:
01 March 2008
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211 - 01 March 2008
C. difficile and MRSA deaths in 2006
The number of deaths involving Clostridium difficile continued to rise between 2005 and 2006, while deaths involving MRSA levelled out, according to new figures published by the Office for National Statistics (ONS).
The number of death certificates..
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01 March 2008
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211 - 01 March 2008
Government encourages school trips
The Department of Children, Schools and Families has issued new guidance on taking pupils on school trips. The measure is included in the ‘Staying Safe’ Action Plan and provides more help and advice, less bureaucracy and quality badges..
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01 March 2008
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211 - 01 March 2008
Study on effect of sub-prime crisis on liability portfolios
Willis Re has released new research analysing the risk to the underwriting portfolios of professional liability re/insurance underwriters stemming from the sub-prime crisis and subsequent global credit crunch. Willis Re’s Professional..
Online Published Date:
01 March 2008
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211 - 01 March 2008
Solicitors’ Professional Indemnity Survey from Lockton
Lockton has produced its annual Solicitors’ Professional Indemnity Survey 2007 which looks at the situation in the market post-renewal. The total premium for the UK solicitors’ professional indemnity (PI) market has been decreasing since..
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01 March 2008
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211 - 01 March 2008
Sexual harassment survey by RSA
Research commissioned by Royal & SunAlliance (R&SA) has indicated that more than 5mn (over one in 10) workers in Britain feel they have been sexually harassed at work, while 57% believe we live in a politically correct-obsessed culture where..
Online Published Date:
01 March 2008
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211 - 01 March 2008
European report on psychosocial risks at work
Working environments are significantly changing with the introduction of new technologies, materials and work processes, and changes in work design, organisation and management can produce new risk areas that can result in increased stress levels..
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01 March 2008
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211 - 01 March 2008
HSE launches construction occupational health management tool
In a bid to help the construction industry tackle occupational health issues, the Health and Safety Executive (HSE) has launched its Construction Occupational Health Management Essentials (COHME) for construction companies. Last year 1.8mn days were..
Online Published Date:
01 March 2008
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211 - 01 March 2008
Recent case: Turbulence – are you liable?
It is generally accepted that airlines are not liable for injuries to staff if resulting from clear air turbulence (CAT) in flight. However, according to commercial law firm, Beachcroft, the recent High Court case of Susan Andrews v British Airways
..
Online Published Date:
01 March 2008
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211 - 01 March 2008
Airline insurance market review from Aon
If the British Airways incident at Heathrow on January 17 loss had involved the fatalities of the full compliment of passengers and crew, even rough estimates put the loss totals at three times their current amount. According to Aon’s Airline..
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01 March 2008
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211 - 01 March 2008
Heathrow crash may see personal injury claims
The crash-landing of a British Airways Boeing 777 at Heathrow airport on 17th January 2008 may lead to injury claims according to Leigh Day & Co, which has been contacted by passengers who were travelling on flight BA038.
The law firm has..
Online Published Date:
01 March 2008
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211 - 01 March 2008
2008 P&I renewal season
Aon PLF, the global P&I group of Aon Global Marine, has described the recently closed 2008 P&I renewal season as “one of the most extended and inflexible renewals in memory.”
Stephen Hawke, executive director of Aon’s..
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008
Lack of asbestos knowledge by tradespeople
Tradespeople are putting themselves at risk of mesothelioma because they don’t know enough about asbestos, according to the British Lung Foundation. Tradespeople such as builders, plumbers, carpenters, electricians and gas fitters are most at..
Online Published Date:
01 March 2008
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211 - 01 March 2008
Scotland extends scope of pleural plaques bill
The Scottish Government has announced that action is to be taken to ensure that people with two asbestos-related conditions continue to be eligible to claim for damages, as well as people with pleural plaques.
Justice Secretary Kenny MacAskill..
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01 March 2008
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211 - 01 March 2008
Study finds no brain cancer link to mobile phones
A new study carried out by researchers from Tokyo Women’s Medical University has found that mobile phone use does not raise the risk of brain tumours. The study found no increased risk of the three main types of brain cancer among regular..
Online Published Date:
01 March 2008
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211 - 01 March 2008
First UK case over diacetyl exposure
A case involving a man who is believed to be the first person in the UK to develop so-called ‘Popcorn Worker’s Lung,’ a breathing condition affecting workers in the food packaging industry, has been settled before going to..
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008
No link between MMR vaccine and autism
There is no evidence of a link between the MMR (measles, mumps, rubella) vaccine and autism according to a new independent virus study, the most comprehensive ever undertaken. The new report comes ten years after the original Lancet article by Dr..
Online Published Date:
01 March 2008
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211 - 01 March 2008
Training not effective to prevent back injuries
A review of research on the effectiveness of training and lifting equipment in the prevention of back pain, published in the British Medical Journal (BMJ) has concluded that there is no evidence to support use of advice or training in working..
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01 March 2008
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211 - 01 March 2008
AXA survey shows ageism still rife
A study by AXA has revealed that, despite the introduction of age discrimination legislation in 2006, “ageism is still rife in today’s workplace, with thousands of retirees reporting experiencing pressure to quit their job by their..
Online Published Date:
01 March 2008
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211 - 01 March 2008
Periodical payments and appropriate index
The four defendant health authorities appealed against the first instance decisions that indexed periodical payments in respect of future care to the ASHE 6115 index rather than RPI. The Court of Appeal considered the circumstances in which it would..
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01 March 2008
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211 - 01 March 2008
On-going symptoms and causal link to accident
The claimant had suffered a hip injury when she tripped over some postal bags. Liability was admitted and the court was required to consider whether the extensive orthopaedic, psychological and psychiatric evidence demonstrated a causal link between..
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008
Liability of suicide caused by accident at work
Where the deceased’s suicide had been the direct result of a depressive illness from which he had been suffering, which had been the direct and foreseeable consequence of an accident for which his employer was liable, his widow was entitled to..
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008
Unfair dismissal and in vitro fertilisation
An employee who was dismissed at a time between the in vitro fertilisation of her ova and the transfer of the fertilised ova to her uterus was not “pregnant” for the purposes of Directive 92/85 on the safety and health at work of..
Online Published Date:
01 March 2008
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211 - 01 March 2008
Motorcyclist injuries from emergency situation
A man was riding his motorcycle, in a convoy of four motorcycles. He was following a motorcycle which failed to negotiate a sharp left hand bend, lost control and veered into the opposite carriageway, directly into the path of an oncoming car,..
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01 March 2008
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211 - 01 March 2008
Test for adequate training under PUWER 1998
The test to determine whether the training an employer was required to provide for his employees was adequate for the purposes of reg 9 of the Provision and Use of Work Equipment Regulations 1998 was what training was needed in the light of what the..
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008
£1.8mn in compensation over ambulance crash
The family of a man who died when his car collided with an ambulance has been awarded £1.8mn in compensation. The Court of Appeal upheld the award and ordered the trust pay more than £100,000 in interest. The award was based on the..
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008
Compensation paid for asbestos exposure
A plumber and pipe fitter who was exposed to asbestos at work from an early age has won over £150,000 in compensation after he developed mesothelioma. He began working in a naval shipyard where he was exposed to asbestos while lagging steam..
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008
Compensation for gay discrimination
An employment tribunal has awarded a gay man £47,345 in compensation after he successfully claimed discrimination on the grounds of sexual orientation. He had claimed that his appointment to the role of youth worker was blocked by the Bishop of..
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008
Race discrimination award
A worker has been awarded £64,000 in compensation after a tribunal ruled that he had been discriminated against on the grounds of race. He claimed he suffered months of racial abuse from colleagues while at the firm. Eventually, his treatment..
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01 March 2008
Appeared in issue:
211 - 01 March 2008
Damages for collier over broken neck
Negligence at a Welsh mine has led to a £105,000 pay out for a collier who had to be medically retired after a falling stone broke a vertebrae in his neck. According to his lawyer, because the colliery failed to ensure that the exposed coal..
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008
Widow of mesothelioma victim wins £150,000
The widow of a man who died as a result of mesothelioma has received over £150,000 in compensation. He had started a legal claim during his lifetime and this was continued by his widow who achieved a settlement before the matter was due to go..
Online Published Date:
01 March 2008
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211 - 01 March 2008
Asbestos worker’s compensation
The family of retired asbestos worker has received £62,000 after their mother’s death from mesothelioma. She had worked at the British Uralite asbestos factory on the production line and later as a supervisor. She was involved in the..
Online Published Date:
01 March 2008
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211 - 01 March 2008
Mesothelioma compensation paid
A man has received £90,000 in damages after developing mesothelioma because of exposure to asbestos in the form of pipe lagging and brake linings in the bus depots where he worked. Between 1941 and 1974 he was regularly exposed to asbestos..
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008
Mesothelioma widower wins £125,000
The widower of a woman has settled his claim against his former employer for £125,000 following his wife’s death from mesothelioma caused by her exposure to asbestos. She died after being diagnosed with mesothelioma. According to his..
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008
Noise induced hearing loss compensation
A man who suffered from noise induced hearing loss as a result of working in a bottle making factory has received £8000 in damages. The man spent all of his working life in the factory. Over the course of his employment, he was exposed to..
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008
Construction site ankle injury
A man who fractured his ankle in an accident at work on a construction site has received £22,500 in compensation. His ankle became trapped when two bundles of steel bars fell from a JCB whilst being moved on site. After surgery to fix the..
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008
£230,000 award for hospital balcony fall
A woman who fell from a hospital balcony has been awarded £230,000 in compensation. She had been admitted to the hospital after suffering a heart attack. But during her stay, she fell more than 9 metres from a balcony and broke her back.
The..
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008
Another scaffold accident wins damages
A man who injured his knee whilst on a scaffold has been awarded £15,000 in compensation. The man was working as a bricklayer at the time of his injury, working up on scaffolding. He was carrying a heavy block along the scaffolding when his..
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008
Scaffold fall wins compensation
A man who suffered a work accident when he fell from a scaffolding walkway has been awarded £25,600 in compensation. The man was walking along a scaffolding walkway carrying a breeze block when one of the boards on the walkway floor gave way...
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008
Compensation for stress at work
A man has received £65,000 in compensation after suffering from stress at work. He was employed at a local manufacturing plant as a Shift Team Leader. He had worked in this position for two years and was part of a successful team when it was..
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008
Ankle injury during prison officer training
A man has received £4,750 in compensation after fracturing his ankle in an accident whilst training at work. He suffered the injuries whilst training to become a prison officer at a training centre. As part of the warm up exercises in the..
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008
£2.5mn compensation package for holiday illness
A court has approved settlement terms bringing to an end record breaking legal action by almost 1000 British holidaymakers against tour operators following illness during stays between 2000 and 2002 at a hotel in Torremolinos in Spain.
The total..
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008
£1.7mn in damages for motorcyclist
A motorcyclist is to receive £1.7mn in damages after he lost a limb in a road crash. He was riding a motorcycle which was struck by an oncoming car. He had to undergo a surgical amputation through the left knee. He told the court that he was..
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008
£4.1mn damages for brain damaged child
A mother who has devoted herself to her severely brain-damaged daughter for 29 years has been awarded £4.1mn damages. The daughter was starved of oxygen for 22 minutes after undergoing heart surgery back in 1979. She was left blind, unable to..
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008
£430,000 for ambulance crash
Compensation of £430,000 has been awarded to a man who suffered severe injuries when the car he was in was hit by an ambulance. He was involved in the crash in which both his brother and friend died. The men were returning from a night out in..
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008
Noise induced hearing loss damages
A man has been awarded £6,000 compensation pay out after he contracted noise induced hearing loss as a result of being exposed to noise from power tools and engine noise. As a result of being exposed to noise from air tools, sledge hammers,..
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008
£6.3mn in damages for car crash
A man who was left severely disabled after a car crash has won a settlement of £6.3mn in damages. He was on his way to a camping trip when the driver of the car he was in lost control and crashed into a field. He was thrown from the vehicle and..
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008
Damages for scaffold injury
A labourer has been awarded compensation of £19,000 after being injured at work when a piece of scaffolding that was being erected fell three storeys, hitting him in the face. A sway brace fell from the scaffolding and caused serious injuries..
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008
Woman loses discrimination case over flatulence
A woman has lost a discrimination claim at a tribunal after claiming racial and disability discrimination. The woman, who worked at a university claimed she had been taunted because of her chronic flatulence and was the subject of cruel jokes about..
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008
Court of Appeal stresses importance of risk assessments
A Court of Appeal ruling that London Underground failed to provide proper training to a driver who developed tenosynovitis in her right wrist sends an important message to employers about their health and safety duties, according to the lawyers..
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008
European ruling on disability discrimination by association
The Advocate General (AG) of the European Court of Justice (ECJ) has said that treating employees less favourably because of their caring responsibilities for disabled relatives is unlawful. The AG stated that a European Directive regarding equal..
Online Published Date:
01 March 2008
Appeared in issue:
211 - 01 March 2008