Legal News
‘Landmark’ discrimination case ruling
Date: 21/01/2011
Two devout Christian hotel owners discriminated against two gay civil partners by refusing to let them share a double bed in their hotel, Bristol County Court ruled this month.
Judge Rutherford held that the owners, who had a policy of not allowing unmarried partners to share double rooms, had directly discriminated against the couple on the ground of their sexual orientation.
In the case, one of the first brought under new equality laws, civil partners Martyn Hall and Steve Preddy sued Peter and Hazel Bull, owners of the Chymorvah Private Hotel in Cornwall, for refusing to let them share a double room because they were a gay couple.
The Bulls had a policy of not giving double rooms to couples who were not married, because their Christian beliefs meant that they did not believe in sex before marriage. They said the policy applied equally to unmarried heterosexual couples.
Rutherford said the defendants’ rights to practice their religion could be limited to protect the rights and freedoms of the claimants. He awarded Hall and Preddy compensation of £1,800 each.
The Equality Act 2010 came into force on 1 October. Regulation 3 of The Equality Act (Sexual Orientation) Regulations 2007 provides that a person ‘A’ discriminates against another person ‘B’ if, on the grounds of B’s sexual orientation, A treats B less favourably than they treat others.
Contact Peter Dymock if you are unsure of what impact the new legislation could have on your business or alternatively if you think you may have been the victim of any discrimination.
Employers Beware – New unfair dismissal compensation rates are on their way!
Date: 21/01/2011
From February 1st 2011, the maximum amount that the employment tribunal can award for a successful unfair dismissal claim will be £80,400! Thankfully this level of award is incredibly rare with the average payout for unfair dismissal claims in 2009/10 just over £9,000. However, it does highlight the importance of employers following a correct dismissal procedure.
We can advise employers on how to get their procedures right in order to avoid a potential claim. Contact Peter Dymock for further details.LPA – A lasting way to safeguard your family
Date: 21/01/2011
If you have already made a will, you might think you've taken every precaution to look after your nearest and dearest. But what happens if you are involved in an accident or suffer an illness which leaves you unable to take care of your own affairs?
What many people don't realise is that without a Lasting Power of Attorney (LPA) in place, the Court of Protection can appoint someone to step in and take over your affairs – potentially leaving your family bereft of control at a time when they need more support than ever.
Using the powers of the Mental Capacity Act, the Court of Protection can intervene on the basis that they are safeguarding and protecting the assets of a vulnerable person.
The net effect can mean a wife, whose husband may be incapacitated through ill health, will have to apply to the courts to access his bank account, even for "basic" payments such as the mortgage and family food bills.
To avoid such a situation we would advise you to seriously consider setting up an LPA as you never know when it may be needed. For further information and advice contact Vivien Bradley-Shaw.