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²Ñ¾±³Ù¾±²µ²¹³Ù¾±´Ç²Ô—c³ó±ð³¦°ì±ô¾±²õ³Ù How a sentence is reached When determining a sentence, a court will usually consider any statutory sentencing range, the applicable Sentencing Council (SC) guidelines including any offence specific sentencing guideline, the overarching guidelines and sentencing judgments from the Court of Appeal. The SC’s offence specific guidelines or the general guideline set out a stepped approach which the court must follow. See Practice Notes: Sentences imposed following conviction and Sentencing Council General Guideline—Overarching Principles. Generally, in sentencing exercises the court will need to consider the following: • the relevant starting point in the Sentencing Guidelines • the aggravating factors of the offence • the mitigation and personal circumstances of the defendant • any reduction in sentence for a guilty plea • whether the offender is dangerous and if there is a significant risk of harm through the commission of further specified offences • any ancillary orders that are appropriate • the totality of the sentence to ensure it is proportionate to the offending behaviour Mitigation The...

Child claimants—checklist

Child claimants—checklist This Checklist outlines relevant considerations and the possible steps to follow where the victim of a personal injury claim is a child. A child is any person under the age of 18. Requirement Authority Considerations Further reading Limitation —sections 28 and 38(2) of the Limitation Act 1980 (LA 1980)—LA 1980, ss 11 and 14—LA 1980, s 11(5) —the limitation period begins to accrue from the child's 18th birthday (or the date of knowledge if later), rather than from the date of the accident—limitation period for personal injury claims is three years—in the case of death, the three-year limitation period begins to run from the date of death, or from the date of the personal representative's knowledge if later Disability, fraud, concealment and mistake—sections 28 and 32 of the Limitation Act 1980Time limits under the Limitation Act 1980—personal injury claims Litigation friend —CPR 21.2—CPR 21.4—CPR 21.5—CPR 21.6—CPR 23—CPR 21.9 —a child must have a litigation friend to conduct civil proceedings on their behalf, unless the court directs otherwise—an...

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Disability

This Practice Note considers the definition of disability for the purposes of protection from discrimination and other prohibited conduct under the Equality Act 2010 (EqA 2010) and also covers the additional statutory guidance on matters to be taken into account in determining questions relating to the definition of disability (statutory guidance) and the Equality and Human Rights Commission (EHRC) Employment Statutory Code of Practice (Code).For a guide to all our materials relating to protections and liabilities arising out of acts and omissions that amount to disability discrimination or other forms of prohibited conduct that are connected to disability, which signposts fully-detailed materials found in other Practice Notes that deal with each aspect of the subject matter in full depth, see Practice Note: Disability discrimination.Protected characteristicsEqA 2010 provides protection against discrimination which relates to certain listed characteristics which people may possess. Some protections relate specifically to only one of those characteristics. Others provide the same protection in relation to all the characteristics, which are collectively referred to as 'the protected characteristics'.Each...

Evidence in disability discrimination claims

Medical evidence obviously plays an important role in claims under the Equality Act 2010 (EqA 2010) which rely on the protected characteristic of disability.A tribunal will pay close regard to the statutory guidance on matters to be taken into account in determining questions relating to the definition of disability (statutory guidance). The guidance does not impose any legal obligations in itself, nor is it an authoritative statement of the law. However, EqA 2010 requires that any adjudicating body determining whether a person is a disabled person for the purposes of EqA 2010 must take into account any aspect of the guidance which appears to it to be relevant. The guidance applies to England, Wales and Scotland.Decision as to disability rests with tribunal, not medical expertThe responsibility for deciding whether or not an individual is disabled for the purposes of EqA 2010 rests with the tribunal. In particular, it is for the tribunal to decide:•whether the adverse effect of an impairment is substantial•whether the adverse effect is long-term•whether an activity is...

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Letter to client enclosing order made at FDR and explaining final hearing preparation

Letter to client enclosing order made at FDR and explaining final hearing preparation Dear [insert client name] Finances I enclose a copy of the order made by [insert name of judge] at the financial dispute resolution (FDR) appointment on [insert date] at the [insert name of court]. The order provides that: • [your case has been listed for a pre-trial review on [insert date] at [insert time] at [insert name of court]] • your case has been listed for a final hearing on [insert date] at [insert time] at [insert name of court], with a time estimate of [insert number] days. You must ensure that you are available to attend court, including for the purposes of giving oral evidence and I would be grateful if you could confirm that you will attend court for the duration of the final hearing • both you and your [former] [husband OR wife OR civil partner] must file and serve your ‘section 25’ narrative statements by [insert date]...

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±Ê´Ç±ô¾±³¦²ââ€À¹±ð»å³Ü²Ô»å²¹²Ô³¦²â 1 Introduction 1.1 The Company is committed to providing job security for its employees. The Company will seek to avoid compulsory redundancies wherever possible. However, it recognises that there may be circumstances when staffing requirements change and compulsory redundancies cannot be avoided. 1.2 Where compulsory redundancies are unavoidable, the Company will handle the redundancy exercise in a fair, consistent and sympathetic manner. 1.3 In following the redundancy procedure set out in this policy, the Company will not discriminate directly or indirectly on grounds of age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, religion or belief, sex or sexual orientation. Part-time workers and fixed-term employees will not be treated less favourably than full-time or permanent comparators. 1.4 The aim of this policy is to set out the procedures that will be followed in cases of redundancy, ensuring compliance with employment law[ and relevant Acas guidance]. 1.5 This policy applies only to employees who are affected by a potential redundancy situation. It does not...

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If an employer has concerns about an employee’s mental health, can the employer compel the employee to take annual leave?

If an employer has concerns about an employee’s mental health, can the employer compel the employee to take annual leave? The right for an employee to take time off from work for holidays may arise under contract or statute. While the Working Time Regulations 1998 (WTR 1998), SI 1998/1833 provide for a minimum entitlement to holiday, an employee or worker's contract may entitle them to more generous holidays. For further information, see Practice Note: Dealing with stress and mental ill health in the workplace, in particular the main sections dealing with ‘Statutory holiday entitlement’ and ‘Contractual holiday entitlement’. Stipulating when an employee must take holiday The WTR 1998 permit an employer to specify when during the year holiday must be taken (eg during an annual shutdown period), or when it cannot be taken (eg at the financial year end or in busy retail periods) (see WTR 1998, SI 1998/1833, reg 15(2)). The WTR 1998 set out a procedure and timescales for the employer to notify the employee when it does...

A wishes the residue of their estate to pass to their grandchild B, when B turns 25. A would like to ensure that B’s mother, C (who is also A’s daughter) cannot challenge any arrangement, whether on their own behalf or on behalf of any future siblings of B. What are A’s options?

A wishes the residue of their estate to pass to their grandchild B, when B turns 25. A would like to ensure that B’s mother, C (who is also A’s daughter) cannot challenge any arrangement, whether on their own behalf or on behalf of any future siblings of B. What are A’s options? We have assumed for the purposes of this Q&A that A’s will is validly executed and makes no provision for C. The law of England and Wales allows a testator to leave their estate as they wish on death. A is therefore free to leave their estate to B regardless as to whether that is considered unfair. Claims by C or B’s siblings cannot be excluded. However prudent steps can be taken. On A’s death, C will have a right to claim under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975). As a child of A, C will be entitled to claim under I(PFD)A 1975, s 1(c). C’s claim as an adult child is...

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Immigration weekly highlights—5 December 2024

Welcome to the 5 December 2024 highlights from the Immigration team, which provides links to key news stories from the last week, as well as a round-up of new and updated content in Immigration.

Employment weekly highlights—5 December 2024

This edition of Employment weekly highlights includes: (1) the High Pay Centre’s ‘Charter for Fair Pay’, (2) an EAT judgment about harassment related to the claimant’s accent, (3) an EAT judgment about what needs to be included in the employment tribunal’s reasons in disability harassment claims, (4) a Ministry of Justice Call for Evidence on costs protection in discrimination claims, (5) an EAT judgment on whether a claimant could run a high value Parry v Cleaver argument for the first time on appeal, (6) analysis of the proposal to change the time limit to bring employment tribunal claims from three to six months, (7) our new Practice Note on neonatal care leave and pay, (8) our new risk assessment, checklist, action plan and monitoring log for employers to use when taking steps to prevent sexual harassment, (9) dates for your diary, and (10) other news items of interest to employment practitioners.

View the latest UK Parliament Acts documents on Disability

6 Disability

(1)     A person (P) has a disability if—(a)     P has a physical or mental impairment, and(b)     the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities.(2)     A reference to a disabled person is a reference to a person who has a disability.(3)     In relation to the protected characteristic of disability—(a)     a reference to a person who has a particular protected characteristic is a reference to a person who has a particular disability;(b)     a reference to persons who share a protected characteristic is a reference to persons who