Stories included
- Pregnant woman described as useless wins discrimination claim
- OFT acts against letting agent’s terms and conditions
- Harassment victim awarded £10,000 for injured feelings
- Long term sick ‘entitled to holiday pay’
- Affluent father fails to reduce child maintenance payments
- Councils to raise millions when approving plans for new homes
- Father reunited with his son after improving his parenting skills
- Energy Performance Certificates extend to business properties
Pregnant woman described as useless wins discrimination claim
A woman who was told by her employer that she would be useless because she was pregnant is to receive substantial damages after winning her claim for sex discrimination.
Louise Manning earned £55,000 a year as a senior sales executive for a company supplying security systems. She told the employment tribunal that when she was being interviewed for the job, her employer said he was going to ask her something he should not be asking. He then questioned her about whether she planned to start a family. She said she answered honestly that she and her husband had no such plans.
However, a year after getting the job she found that she had unexpectedly become pregnant. She wanted to continue with her career but she said her employer reacted very badly saying that she would never be the same again. He sent her a memo saying that he felt betrayed and was tempted to dismiss her and take the consequences.
She was twice demoted while on maternity leave. She resigned and took her case to a tribunal to claim compensation. The tribunal found that the firm had committed 24 acts of sex discrimination. In its judgment it said: “It is not often these days that the tribunal is faced with such a blatant response to notification of pregnancy.”
The law offers employees substantial protection against discrimination, whether it’s to do with matters of sex, race or disability. Anyone who feels they have been discriminated against in any way should seek legal advice.
OFT acts against letting agent’s terms and conditions
The Office of Fair Trading (OFT) has begun proceedings in the High Court to prevent the letting agents Foxtons Limited from using its current terms and conditions.
The OFT says it is taking the action in response to complaints from consumers.
A spokesman said: “The terms to which the OFT objects in Foxtons' letting agreements can potentially require landlords to pay Foxtons substantial sums in commission, where a tenant continues to occupy the landlord's property after the initial fixed period of the tenancy has expired - even if Foxtons plays no part in persuading the tenant to stay, and no longer collects the rent or manages the property.
“Foxtons' terms can also require the landlord to pay these sums after the landlord has sold the property. The terms also demand commission where the landlord sells the property to the tenant, even where Foxtons has played no part in negotiating that sale.
“Foxtons contends that its agreements with landlords are not unfair and continues to use these terms, and accordingly, the OFT has issued proceedings so the courts can decide the matter.”
The OFT is seeking an enforcement order against Foxtons under the Unfair Terms in Consumer Contracts Regulations 1999 which protect consumers against unfair standard terms in contracts with traders.
If the OFT is successful, it plans to prevent similar terms and conditions being used throughout the letting industry.
Harassment victim awarded £10,000 for injured feelings
A man who was subjected to harassment and racist abuse has been awarded £10,000 for the injury to his feelings.
The perpetrator of the abuse had also deliberately collided with the man’s car causing him to develop a generalised state of anxiety. The trial judge found that the perpetrator’s course of conduct amounted to harassment and ordered that he should pay compensation. The level of damages was left to be decided at a later hearing.
At that second hearing the judge observed that the perpetrator’s action in harassing witnesses in defiance of an injunction and fighting every issue in the case meant that the victim had constantly feared for the safety of his family. Those fears had not been allowed to subside.
She ordered that the victim should be awarded £12,500 for the psychiatric harm suffered and £10,000 for his injured feelings.
The Court of Appeal later upheld the awards. It was held that although the victim had a vulnerable personality, he had in the past been able to cope with the general tribulations of life. That all changed when he was subjected to the harassment, particularly the collision incident with his vehicle.
Long term sick ‘entitled to holiday pay’
Employees on long term sick leave are entitled to claim their annual holidays, according to the advocate general of the European Court of Justice.
Verica Trstenjak added that sick workers who are laid off by their employers should be given pay in lieu of holidays not taken. Ms Trstenjak was commenting on a case involving employees of HM Revenue and Customs.
The employees, who had been off sick, won the right to claim their holiday entitlement at an employment tribunal under the EU Working Time Regulations. The Court of Appeal reversed that decision and the case then reached the House of Lords which asked the European Court of Justice for an interpretation.
The Court is now considering the case but it tends to reach the same conclusion as the advocate general in most cases. If it does follow the advocate general’s opinion then it may push employers into taking tough decisions about how they deal with employees on long term sick leave.
We shall keep clients up to date with developments.
Affluent father fails to reduce child maintenance payments
A man who enjoyed an affluent lifestyle by borrowing and using his capital reserves has lost his appeal to have his child maintenance payments reduced.
The man is married and lives with his wife and two children. He also had a child with another woman but never lived with her. He agreed to pay the woman a lump sum and then make annual payments to help care for the child.
She later suspected that he had more money than she originally thought and made an application under the Children Act 1989 to have the maintenance payments increased.
The father responded by applying for the maintenance payments to be reduced so they were in keeping with his modest income and argued that he only maintained an affluent lifestyle for himself by borrowing and using capital.
However, the judge said it was unreasonable for him to enjoy such a lifestyle at the same time as trying to argue he could not afford to make the maintenance costs for his child. She dismissed his application to reduce the payments but also rejected the mother’s application to have them increased.
The father was ordered to pay the mother’s costs on the basis that he had failed to disclose the reality of his financial situation so it was not surprising that the mother was deceived into thinking that he was wealthier than she first thought. Had she not been misled in this way she would not have tried to have the maintenance payment increased and so would not have incurred the costs.
Councils to raise millions when approving plans for new homes
Councils that approve planning applications for new homes are to be allowed to raise hundreds of millions of pounds from developers to pay for facilities such as schools, parks and health centres.
The Department for Communities and Local Government (DCLG) is introducing a new Community Infrastructure Levy which will help fund the Government’s drive to provide quality neighbourhoods.
According to Government figures, only 14% of residential planning applications currently make a contribution towards the cost of supporting infrastructure.
A DCLG official said: “Ministers think it is right that all developments pay their fair share and those who benefit financially when planning permission is given should contribute back to the local community by funding local infrastructure. That's why the new Community Infrastructure Levy (CIL) has been included in the Planning Bill.
“The new powers will allow councils to set a CIL for their area following an assessment of local infrastructure needs and consultation with their local community. Different types and sizes of development would pay different amounts depending on local needs to help ensure that the new infrastructure needed to maintain sustainable growth is provided.”
It’s likely that a wide range of developments will be affected because ministers believe that even small projects can have a cumulative impact on a local area and so should make a contribution to local infrastructure and facilities.
The Levy is being introduced as part of the Planning Bill. It’s expected that councils will be able to take advantage of their new powers from Spring next year.
Developments by homeowners such as extensions will be exempt from the levy.
Father reunited with his son after improving his parenting skills
A father who had his children taken away from him because of concerns over his mental health has been reunited with his son after showing that he was willing to improve his abilities as a parent.
The man’s local authority became concerned about his mental health after he separated from his wife. When he threatened to kill himself the authority began proceedings to take his two children into care. A full care order was granted for the eldest son and an interim order for the younger son.
The children were then separated and placed in foster care. Communication between the father and the eldest son were stopped following recommendations from various experts. However, the boy started to abscond from school and wrote letters to social services pleading to be reunited with his father.
The father asked for the care order to be discharged because he had benefited from courses to improve his parenting skills and was prepared to allow the local authority to monitor his progress if he could be reunited with his son.
The Court of Appeal held that it was clear that the son loved his father and wanted to be with him. It commended the fact that the father and the local authority had come to an agreement over the level of support required.
The court decided to set aside the existing care order and replace it with an interim order that was still in favour of the local authority but which stipulated that the son should be reunited with his father immediately.
If everything went well then the father could apply to have the care order discharged.
Energy Performance Certificates extend to business properties
Thousands of firms will soon have to provide Energy Performance Certificates (EPCs) when they build, sell or rent out flats and commercial properties.
The certificates will be much the same as those now required as part of a Home Information Pack when selling a house. They rate a property’s energy efficiency by giving it a grade from A to G. A is the most efficient and G is the least.
From 6th April, EPCs will be required for all new homes being built and also for the construction, sale or rent of commercial properties with a floor area of more than 10,000sq metres. From 1st July, the threshold will be reduced to 2,500sq metres and from October the regulations will be extended to apply to all remaining buildings apart from a few minor exceptions.
The measures are being introduced to comply with the EU Energy Performance of Buildings Directive (EPBD). The Government says that nearly 50% of the UK’s energy consumption arises from heating and lighting buildings. It believes that even minor improvements in the energy efficiency of our 25 million buildings would have a significant impact and help us to meet our targets to reduce carbon emissions.
The changes will place new responsibilities on anyone constructing a new building or selling or renting out an existing property.
For example, when a new building is completed, the person responsible for the construction will need to obtain a certificate and provide it to the owner. This is obligatory under Building Regulations. The same thing applies if a building is converted into more or fewer units and there are changes to the heating and hot water provision or to the air conditioning system.
When selling an existing building, the owner will have to provide a certificate for all prospective buyers. Landlords will have to do the same for prospective tenants of commercial properties. However, there is no need to provide a certificate for an existing tenancy; only for a new one. Commercial property certificates are valid for 10 years and if they are still in date when a tenancy changes there is no need to obtain a new one. The regulations will be extended to landlords renting out homes from 1st October.
The certificates have to be provided by energy assessors who are accredited and registered with a government approved scheme. The energy assessments are carried out using standard methods making standard assumptions about energy usage so there can be consistency when comparing the energy efficiency of different buildings. It allows prospective buyers, tenants and occupiers to make energy efficiency and potential carbon emissions a factor when deciding which property to choose.
The Energy Performance Certificates should not be confused with Display Energy Certificates (DECs) which show the actual amount of energy being used in a building. They will be required from 1st October for buildings over 1000sq metres occupied by a public authority or an institution that provides a service to a large number of people. The certificates have to be displayed in a prominent place where the public will be able to see them easily. The Government may consult on whether to extend DECs to buildings occupied by commercial organisations but has not done so yet.
Some buildings are exempt from the regulations but not many. EPCs will not be required for places of worship, stand alone buildings of less than 50sq metres (except for homes), temporary buildings which won’t be used for more than two years and buildings with a low energy demand such as barns and farm outbuildings. In some circumstances, buildings due to be demolished may be exempted.
Understandably, many people regard the new regulations as yet another administrative burden. For others, however, they are an opportunity to improve their chances of selling or renting out a property by making it more energy efficient and so more attractive to prospective buyers and tenants.
Whichever view one takes, there is no escaping to the need to comply.
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