jacquelinemcguigan.bsky.social
UK Employment lawyer; likes to shake up the system a bit and try to make worklife better for all. Dog lady 🐕🦺
www.tmpsol.com
@tmpsolicitors.bsky.social
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324 followers
396 following
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Hello, could you send me a copy of this article? It is paywall-protected. Many Thanks
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We will be appealing, but with grace and with a very good judgment on important points.
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A breathtakingly brilliant judgment. I am in awe. Even when points went against us. He understands complex law with compassion. Not judgemental but trying to do his best with reference to the law. A difficult subject matter that he was well equipped to decide. He is a credit to the legal profession
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Read the judgment here 📑
www.tmpsol.com/post/oni-and...
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This case is going to make a key difference to the thousands of foster carers who work relentlessly with children who really need them- our tenacious clients and fearless legal team @jacquelinemcguigan.bsky.social @chrismilsom.bsky.social have fought to get them the rights others take for granted
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putting it on the website and will send the link. working on it now.
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Yes. I will send a link to it and put it up on the website.
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The judgment talks about the foster carer retention crisis.
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I feel honoured to be involved in this case with such fantastic and compassionate lawyers and the most wonderful clients. Using the law to do good is why I became a lawyer. There’s more to come. Changing vulnerable lives for the better.
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#fostercarers #employmentlaw #employmentstatus #humanrightslaw #discrimination #whistleblowing #employmenttribunal
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However, the tribunal is still bound by the outdated 1998 Court of Appeal decision in the case of W v Essex, meaning it cannot overturn that ruling. Therefore, this case will be taken to the Supreme Court to seek a potential reversal of that decision.
More updates will follow.
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Judge Crosfill says that under human rights law, foster carers are entitled to bring claims to the employment tribunal for discrimination and whistleblowing.
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Foster carers have been eagerly awaiting this judgment, which is significant across various areas of law, including constitutional, public, family, contract, and EU law. It highlights how these fields are interconnected, with employment rights at the forefront.
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Well said, Chris. Here’s hoping 🤞. The foster care system is in a terrible state and needs a complete reset
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The facts in the British Airways case will be determined next year and so there will be a clearer picture. Until then, it is difficult to say how the landscape will lie.
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Hello back to the great Deshpal!
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👋
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Yes, I think CHEZ is correct. The outcome is exactly what we wanted it to be. The EA has now been amended with new section 19A from 1 January 2024 which incorporates directly the principles of CHEZ. So essentially CHEZ applies pre-and post Brexit.
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Yes retained EU law and marleasing were central. But that is an explainer all on its on. Helpfully set out in the judgment.
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I don’t know. Not heard of that case. It did come up recently in Follows an ET decision.
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Oh no! I was soooo looking forward to your write-up on this.
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Happy reading! I think it is a gamechanger. It opens up discrimination claims further than what we originally thought possible.
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Read the Judgment here 👇
assets.publishing.service.gov.uk/media/66bdcc...
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👍
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👋
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Yes please