Court of Appeal of England and Wales: Not Discriminatory to Pay Women More for Maternity Leave than Men for Shared Parental Leave

2021 ◽  
Vol 7 (2) ◽  
pp. 225-229
Author(s):  
Sarah Court-Brown
Keyword(s):  
Maternity Leave ◽  
Parental Leave ◽  
England And Wales ◽  
Court Of Appeal

R v Westwood (Thomas): diminished responsibility and disposals under the Mental Health Act 1983

2021 ◽  
Vol 72 (2) ◽  
Author(s):  
Sean Mennim
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
England And Wales ◽  
Mental Health Act ◽  
Court Of Appeal ◽  
Diminished Responsibility

This is a commentary on R v Westwood (Thomas), where the Court of Appeal of England and Wales held that the judge had erred in assessing Westwood’s ‘retained responsibility’ as medium to high under the Sentencing Council Guideline for manslaughter by reason of diminished responsibility. Although the sentencing judge concluded that the offending was caused by Westwood’s anger, the Court of Appeal found the psychiatric evidence clearly indicated that the most significant factor was Westwood’s mental illness and that his anger at the time of the offence was a manifestation of his mental illness. Westwood’s responsibility was low, and it was appropriate to impose both a hospital and restriction order.  

Harassment at Work as Discrimination: The Current Debate in England and Wales

1998 ◽  
Vol 3 (2) ◽  
pp. 91-114
Author(s):  
Pauline Roberts ◽  
Lucy Vickers
Keyword(s):  
Race Relations ◽  
Sex Discrimination ◽  
Current Debate ◽  
England And Wales ◽  
Racial Harassment ◽  
The Impact ◽  
The Relationship ◽  
Victims Of Bullying ◽  
Court Of Appeal

In 1996–97 there were a number of significant decisions which extended the scope of employers' liability for sexual and racial harassment at work, based upon the provisions of the Sex Discrimination Act 1975 and the Race Relations Act 1976. This article seeks to analyse the impact of these recent cases. It began by considering the relationship between the concepts of ‘harassment’ and ‘discrimination’ and the problems inherent in using the anti-discrimination legislation to deal with harassment and bullying at work; we then focus on the recently demonstrated ‘purposive’ approach of the Employment Appeal Tribunal and Court of Appeal in interpreting the statutes and consider how this combats the weaknesses identified. Alternative forms of relief will be briefly considered, in particular the recently enacted Protection from Harassment Act 1997. The authors, while welcoming the recent decisions, argue that there are some victims of bullying who remain outside the protection of the existing anti-discrimination legislation (as they do not fall within any of the groups identified for protection), notwithstanding the robust advances of the EAT. We suggest that the Protection from Harassment Act may not completely fill this gap.

scholarly journals Connection Between the Subjective Assessment of Women’s Self-Realization and Attitudes to Different Sides of Reality in the Period of Parental Leave

2020 ◽  
Vol 13 (3) ◽  
pp. 156-168
Author(s):  
G.I. Moreva ◽  
A.V. Sanochkina
Keyword(s):  
Maternity Leave ◽  
Parental Leave ◽  
Subjective Assessment ◽  
External Factors ◽  
Sign Test ◽  
Ideal Self ◽  
Content Analyses ◽  
Internal Condition ◽  
Different Types ◽  
Real Self

The article presents the studies of the influence of self-realization on her attitude to different sides of reality (to her husband, to her child, ideal self, real self to her work, to the education, to her mother, etc.). The study involved 110 mothers. In this study, we have used combination of three methods: essay, questioning, method of color metaphors. The results were processed by sign test, cluster and content analyses. Based on these results we made a conclusion that mothers during maternity leave understand the phenomena of selfrealization differently. Consequently, they differently define the essence of self-realization and define different types of self-realization. Content analysis showed that women who value self-realization are focused primarily on the internal condition and being in harmony and not on external factors. Unrealized women are influenced by external factors: lack of work or conflicts with her husband.

Estoppel

2019 ◽  
Author(s):  
Kenneth Hamer
Keyword(s):  
Supreme Court ◽  
Judicial Review ◽  
England And Wales ◽  
Res Judicata ◽  
The Supreme Court ◽  
Chartered Accountants ◽  
Court Of Appeal ◽  
Disciplinary Committee

The Supreme Court held that the doctrine of cause of action estoppel applied to successive complaints before a professional disciplinary body, that disciplinary proceedings were civil in nature and that therefore the principles of res judicata applied, and that there was no reason why cause of action estoppel should not apply to successive sets of proceedings before the Disciplinary Committee of the Institute of Chartered Accountants in England and Wales (ICAEW). The Supreme Court so held in allowing an appeal by C-W, a chartered accountant, against the Court of Appeal, which had upheld the dismissal of his application for judicial review of the decision by the Committee to refuse to dismiss a second complaint based on the same facts of a first complaint that had been dismissed on the merits.

scholarly journals P138: Parental leave policies and culture for physicians in emergency medicine

CJEM ◽  
2020 ◽  
Vol 22 (S1) ◽  
pp. S114-S114
Author(s):  
J. Andruko ◽  
T. Green
Keyword(s):  
Emergency Medicine ◽  
Maternity Leave ◽  
Parental Leave ◽  
Physician Satisfaction ◽  
Emergency Physicians ◽  
Physical And Mental Health ◽  
Research Committee ◽  
Paternity Leave ◽  
Formal Policy ◽  
Leave Policy

Introduction: Medicine demands a sacrifice of physicians’ personal life, but culture has slowly changed towards valuing a balanced work life. Parental leave is linked to better physical and mental health, but policies and culture surrounding parental leave are largely unstudied in the Canadian Emergency Medicine landscape. Anecdotally, experiences vary widely. This study was designed to determine what proportion of Canadian Emergency Departments have formal parental leave policies (maternity, paternity, and other ex. adoption) and what proportion of Canadian EM physicians are satisfied with their department's parental leave policies. Methods: Two surveys were generated; one to assess attitudes and experiences of emergency physicians, and a second survey for department chiefs assessed the policies and their features. These were approved by the UBC REB and distributed through the CAEP Research Committee. Primary outcomes were physician satisfaction with their department's parental leave policy (4-5/5 Likert Scale), and departments with a formal parental leave policy (Y/N). Results: 38% (8/21) of department chiefs reported having a formal policy for maternity leave, 29% (6/21) for paternity leave, and 24% (5/21) other. The survey of Emergency Physicians revealed similar rates at 48% (90/187) maternity, 40% (70/184) paternity, 29% (53/181) other. Among physicians who were aware of them, 69% (62/90) were somewhat or very satisfied with the maternity leave policies, 58% (51/88) with paternity leave policies, and 48% (39/81) with other parental leave. Less than 10% were somewhat or very dissatisfied with any of these. Several department chiefs commented that they had never refused anyone parental leave, but have no formal policy. However, 87% (147/187) of physicians reported a formal maternity leave policy was somewhat or very important to them; similarly 80% (134/187) paternity leave. Less than 15% felt each was somewhat or extremely unimportant. Conclusion: Presence and type of parental leave policy varies across the country. Most physicians were satisfied with the support they had available, but the vast majority felt that a formal maternity and paternity leave policy itself was important. This study would suggest that, without actually changing practice, the introduction of a formal parental leave policy is of value. Our research group will use this data to collaborate on a template parental leave policy to be made available for this purpose.

United Kingdom: leave policy and an attempt to take a new path

2019 ◽  
pp. 57-74
Author(s):  
Peter Moss ◽  
Margaret O’Brien
Keyword(s):  
United Kingdom ◽  
Gender Equality ◽  
Maternity Leave ◽  
Parental Leave ◽  
Path Dependency ◽  
European Countries ◽  
Change Of Direction ◽  
Classic Case ◽  
Leave Policy

This chapter examines an attempt to transform UK leave policy, re-configuring it away from maternalism and towards greater gender equality, and why this attempted change of direction failed. It shows how the country introduced statutory leave at a late date, compared to other European countries, and adopted with little consideration a model centred on long and low paid Maternity Leave. After two decades of neglect, when leave policy came back onto the government’s agenda, this model became more established as Maternity Leave was further extended, while a newly introduced Parental Leave was marginalised. Attempted reform, in 2011-12, failed, due to insufficient support and understanding, leaving UK leave policy as a classic case of path dependency.

The Enduring Legacy of ‘Reckless Disregard’

2005 ◽  
Vol 34 (4) ◽  
pp. 316-335 ◽  
Author(s):  
David McArdle
Keyword(s):  
British Columbia ◽  
Common Law ◽  
Standard Of Care ◽  
Personal Injury ◽  
Duty Of Care ◽  
Canadian Province ◽  
England And Wales ◽  
Appeal Decision ◽  
The Impact ◽  
Court Of Appeal

Personal injury at common law has spawned many cases where sports participants have inflicted injury either upon other participants or upon spectators/bystanders. This paper is not an exhaustive analysis of those ‘sports torts' cases but focuses instead upon the impact of Wooldridge v Sumner, a Court of Appeal decision that was legally sound but based upon highly significant errors of fact, and which has subsequently been advanced before the courts in two jurisdictions as authority for untenable propositions that concern both the standard of care and the duty of care owed by sports participants. While a consideration of the authorities prior to Wooldridge illustrates that there was never a basis at common law for the argument that either the standard or the duty of care differed from that pertaining in non-sporting contexts, the case has been appropriated by counsel in order to argue along those lines even though Wooldridge is not authority for either proposition. On some occasions those arguments have actually received the support of the courts of England and Wales and of the Canadian Province of British Columbia. Despite the existence in both jurisdictions of more recent authorities that ought to have heralded the demise of both concepts, they have proved remarkably tenacious.

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