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SUPREME COURT - Even judges can suffer it seems. This case is coming before the Supreme Court. District judges are full-time judges who deal with the majority of cases in the county courts. They are assigned on appointment to a particular circuit and may sit at any of the county courts or district registries on that circuit.

On appeal from the Court of Appeal Civil Division (England and Wales)

The appellant is a district judge, who was appointed in 2006. Over the following years she worked first at the Crewe County Court, and then the Warrington County Court, but in January 2013 she went on sick leave suffering from depression and anxiety. She has been on sick leave since that date. In 2015 she brought a claim in the Employment Tribunal against the respondent, arguing that she had been subject to disability discrimination, and to detrimental treatment for making public interest disclosures (i.e. whistleblowing). These disclosures related to the supposedly poor working conditions and excessive workload which she and her fellow judges suffered. The Tribunal held, however, that the appellant could only bring a whistleblowing claim if she satisfied the definition of a ‘worker’ under s.230 ERA, and the Tribunal considered that she did not. The appellant was an office-holder, not a worker, and therefore could not bring a whistleblowing claim. The appellant appealed to both the Employment Appeal Tribunal and the Court of Appeal but was unsuccessful on both occasions. She now appeals to the Supreme Court.

 The issues are: 

(i) Whether the appellant worked under a contract which falls within the meaning of the applicable statutory definition of ‘worker’ under s.230(3)(b) of the Employment Rights Act 1996 (“ERA”), such that she is eligible to bring a whistleblowing claim against the Respondent;
(ii) Whether the appellant is eligible to bring her claim as a Crown employee under s.191 ERA;
(iii) Whether the domestic statutory definition of ‘worker’ and/or ‘Crown employment’ must be interpreted purposively in order to give effect to rights under Article 10 of the European Convention on Human Rights (“ECHR”), or Article 14 ECHR in conjunction with Article 10.

More information is available the Supreme Court website.

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MENTAL HEALTH - On world mental health day, SNP MP Douglas Chapman is calling on the UK government to provide better mental health support to military personnel who have been medically discharged.
 
The call follows a new report by Help for Heroes that finds 70% of the veterans it provides support to have experienced a negative transition to civilian life after discharge. Over 60% said they didn’t feel supported during this challenging process and 50% were discharged despite not having a full diagnosis or being in treatment for their injury or illness.
 
The report highlights six key findings:

1. Men and women are being medically discharged with a physical injury before receiving a full diagnosis for mental health conditions
2. There is little mental health support through transition for those being discharged.
3. Those being discharged are not being properly signposted to the courses available to help them.
4. The time given to transition after medical discharge varies hugely between Services and individuals.
5. Compensation awards are often not being disclosed until after service personnel have left the military.
6. Individuals who are medically discharged often do not receive their full medical history documents for many months after leaving the military.

 
Commenting, Mr. Chapman, the SNP’s defence procurement spokesperson said:
 
“It is a daunting and challenging prospect for military personnel to make the transition from military to civilian life after they have been discharged due to injury or illness – they more than deserve all the support they need to do this.
 
“However, right now the UK government is essentially hanging them out to dry by failing to provide the vital support they need and are entitled to.
 
“These men and women have devoted their lives to serving this country – it is incumbent on the UK government to ensure they are provided with everything they may need to transition smoothly into civilian life and they can start by commissioning an independent review and audit of the medical discharge process.” 
 
Sarah Jones, Head of Psychological Wellbeing at Help for Heroes said:
 
“Last year, 500 people were forced to leave the Armed Forces as a result of mental health difficulties or disorders.
 
“There are significant gaps in the support available to those medically discharged; so, as part of our 40 Thousand Strong campaign, we’re calling on the Government to commission an independent review of the process to close those gaps.
 
“With the public’s support, we’re on a mission to ensure every wounded hero has the best opportunity to stand strong in civilian life.”

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HOME OWNERSHIP - Just under 40 per cent of the UK’s homeowners are committing more than a third of their salaries to purchasing their properties, a new survey has revealed.

Household debt is at an all-time high. However, despite this over stretch people are still willing to take this risk to realise home ownership and house improvements.

This goes against recommendations centring around the 28 per cent rule, which states that you should not dedicate more than this amount of your gross monthly income on your rent or mortgage.

The research found that when it comes to consumers’ investment in home improvement projects there is a close split between cash and credit. People are paying cash for 55% of the cost of modifications and improvements to their properties, and reaching for their credit cards, bank loans and financial schemes as a way of funding the remaining 45%. While they are using debt to pay for upgrades to their homes, it’s seen as in investment for their futures and those of their families.

These figures emerged from a major research project undertaken by leading marketing communications agency Cogent, in conjunction with Ragdoll Research, to investigate the UK home moving market. The attitudinal segmentation of UK home movers uncovers the key reasons why people move and the behavioural psychology behind the spending decisions they make.

The result of this project is the ‘Moving Minds’ report which introduces the UK’s home mover categories, or tribes, delves into the psychology behind the mindsets that influence their purchase behaviour and explores the opportunities this presents for brands.

Image: Professor Richard Crisp of Durham University.

Psychologist Professor Richard Crisp of Durham University, who contributed to the ‘Moving Minds’ report, was not surprised by the relatively large financial commitments people are making in relation to their homes.

He noted that: “When it comes to our sense of identity, our homes are absolutely key. They satisfy deeply centred drives toward safety and security, they are the culmination of life goals and aspirations, they are the stylistic expression of who we are, and they provide the psychological scaffolding that enables relationships to grow. With such immense psychological value, people’s willingness to invest in them is quite understandable.”

Cogent’s Moving Minds report is available via www.cogent.co.uk/movingminds. The project was developed in conjunction with Ragdoll Research, while also engaging Professor Richard Crisp, Head of Psychology at Durham University. Moving Minds provides brands with the opportunity to look at home mover targeting from a fresh perspective that will help unlock significant value from their marketing investment.

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UNEMPLOYMENT FEARS - Amid mounting concern the that UK will crash out of the European Union without a Brexit deal, the country’s leading campaigning union, Unite, is to reconvene with cabinet minister Michael Gove today (Wednesday 9 October) to warn that time is running out for the government to prove that it cares about the jobs and communities most at risk from a calamitous exit.
 
Leading a delegation of long-serving manufacturing workers with deep knowledge of their industry, Unite will meet with Michael Gove, the minister responsible for coordinating the governments Brexit strategy, in what could become a last ditch bid to persuade ministers to comprehend the enormity of a no deal Brexit on working communities.
 
Representatives from Jaguar Land Rover and Rolls Royce will be among those seeking clear answers to issues raised in previous meetings and to urge ministers to finally grasp the sheer scale of the catastrophic impact a no deal Brexit will have on jobs and communities.

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APPRENTICESHIP OPPORTUNTITES - Jobs Growth Wales is a programme designed to get unemployed 16-24 year olds living in Wales into employment for six months in a job paying at least the National Minimum Wage. The first Jobs Growth Wales scheme started in April 2012 and ended in April 2015. The second scheme started in September 2015.

There are some really useful pages here for young people interested in an apprenticeship.

• Become an apprentice
• If you are over 16, living in Wales and not in full-time education you can apply for an apprenticeship.
• Recruit an apprentice
• Help for businesses to recruit apprentices.
• Apprentices: guidance for schools
• Explains how schools can recruit apprentices or train existing staff using apprenticeships.
• Apprentices: guidance for local authorities
• Explains how local authorities can recruit apprentices or train existing staff using apprenticeships.
• Specification of apprenticeship standards
• Guidance on the requirements that should be met by apprenticeship frameworks.
• Apprenticeship Awards Cymru 2019
• Information on the Apprenticeship Awards Cymru and how to apply.
• Jobs Growth Wales: leaflet for young people
• Guidance for people aged 16 to 24 who are looking for work.
• Jobs Growth Wales: leaflet for employers
• Guidance on how you can take on an unemployed young person and the funding you will receive towards it.
• ReAct for individuals
• Guidance to help people affected by redundancy gain new skills and find employment.
• ReAct for employers
• Guidance for employers looking to recruit someone who has been made redundant.
• Traineeships
• Brochure for 16 and 17 year olds about gaining skills and experience to get a job or go on to further learning.
• Skills performance measures
• Ways to evaluate skills policies and programmes to improve our skills base.
• Wales Union Learning Fund: application form
• Application form for trade unions to apply for funds to encourage and support workplace learning.
• Wales Union Learning Fund: working with unions
• Guidance on funds available to trade unions to encourage and support workplace learning.
• Working Wales
• A new advice service that will create a more efficient system of employability support.
• Parents Childcare and Employment (PaCE) project
• Childcare support for parents whilst training or looking for work.
• Apply for funding to train staff in early years, childcare and play
• Apply for funding for staff in early years, childcare and play sectors to gain recognised qualifications.

Policy and backgroundIncludes strategy, reports, projects and assessments.

• Employability planThe plan aims to tackle unemployment and economic inactivity.
• Policy and strategy
• Progress report on the employability plan: March to September 2018Progress on delivery and what we will do next to meet the commitments of the employability plan.
• Report
• Apprenticeships skills policy planHow we will improve the delivery of apprenticeships to match the needs of the economy.
• Policy and strategy
• Traineeships policy review: final reportA review by York Consulting of how traineeships work in practice.
• Report
• Traineeships: impact assessmentAn assessment of how traineeships affect equality of opportunity.
• Impact assessment
• Policy statement on skillsDefines a set of principles for the skills system that will allow employers to grow.
• Policy and strategy
• Wales Employment and Skills BoardProvides the Welsh Government with independent advice on employment and skills.
• Policy and strategy
• Disability action plan for apprenticeshipsA plan to help more disabled people to enter apprenticeships.
• Policy and strategy
• Youth entrepreneurship aspiration research: final reportThis report identifies the drivers and barriers that influence young entrepreneurs.
• Report

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HELPING YOUNG PEOPLE - The Department for Communities (DfC) has launched the roll out of the Uniting Communities Through Sport and Creativity programme within the Castlederg area in County Tyrone. 

The Programme is part of the Northern Ireland Executive’s Together: Building a United Community (T:BUC) Strategy, delivered by DfC in a number of urban and rural locations. It uses sport and creativity to bring young people together and to build good relations within communities. 

This exciting new programme, delivered on behalf of the Department by Todds Leap and the Dame Kelly Holmes Trust, aims to bring young people aged 11-24 from different backgrounds together to build a community where they can play a full and active role in building good relations and, perhaps, become the next generation of community leaders. 

Kathryn Hill, Director of Active Communities Division within DfC, commented: “We are thrilled to be working in the Derg area to deliver this ambitious programme of activities and youth leadership.  We hope to bring a range of opportunities for young people, as well as local community organisations.  I look forward to following the progress of the programme and celebrating the achievements of the young people involved.”

Pauline Quinn, Director of Todds Leap, commented: “We are incredibly excited to be working with the Uniting Communities Team again on this programme. It is a fantastic opportunity for the local Derg area and the young people to try new things, learn new skills and make lasting friendships. Todds Leap are delighted to be a part of this programme.”

Johnny Davis, Operations Manager for Dame Kelly Holmes Trust in Northern Ireland, said, “We are pleased to be bringing this fantastic programme to the Derg area.  We are looking forward to working with our partners at DfC, Todds Leap and Peace Players NI to deliver this world class programme to the local young people.”

DfC, Todds Leap and Dame Kelly Holmes Trust are hosting an information evening for interested youth organisations and community groups on Monday 14 October, 7.00pm-9.00pm in Derg Valley Leisure Centre. Anyone who is interested in finding out more information on the programme is more than welcome to attend.

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HOLIDAYS ABROAD - We have just come across a claimant given the wrong advice by his Work Coach. On Universal Credit you can go on holiday abroad for a month without having your benefits stopped. 

The EU was meant to bring about freedom of movement and it may well have influenced UK policy. People on benefits could do with a break like anyone else. 

Alas, going abroad may only be for the lucky few. However if it rechages the batteries and you come back with a new perspective - we are all in favour of having a break from the job of finding a job.

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GETTING MOBILE - The Kickstart (Wheels to Work) Scheme is a vehicle loan scheme which aims to help people aged 18 years or older living in rural areas get to work or training. 

You can borrow and have the loan of a moped or a bicycle or an electric bike for six months or a year to get to work or training.

We have just been asked about this scheme by a company with an apprentice in Southampton.

The scheme varies from area to area and you will need to research locally what is on offer in your region.

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HOUSING CRISIS - The benefit freeze is pushing low income families to the brink, with more than nine in ten homes for private rent (94%) too expensive for those on housing benefit. Two thirds of these families (65%) are in work.

Research by the National Housing Federation shows just how inadequate Local Housing Allowance now is for the 1.3million families who rely on it to cover the high cost of private rent.

This is contributing to children living in overcrowded and poor-quality accommodation, as well as increasing levels of poverty and debt; with families who can’t find anywhere affordable to rent likely to end up homeless. The number of homeless children in temporary accommodation has increased by 83% since 2011 to 126,020.

The National Housing Federation, which represents housing associations in England – social landlords to over 6 million people, analysed 75,000 rental homes advertised on Zoopla in July 2019. It compared the cost of rent for each property with the rate of Local Housing Allowance that a family requiring that sized property would be entitled to.

Local Housing Allowance was initially designed to cover bottom 50% of market rents in any area. However this was reduced to 30% in 2011. Rates were then divorced from market rents altogether in 2013; and finally frozen in 2016, so they stopped keeping up even with inflation.

There are now parts of the country where less than 1% of private rented properties are covered by the Local Housing Allowance rate, at a time when record numbers of low income families have no other option for finding a home, due to a severe lack of social housing.

The most unaffordable places include:

The National Housing Federation is urgently calling on the government to:

• End the freeze and increase LHA payments so that they cover at least the bottom 30% of private rent homes in any local area.
• Commit to investing £12.8bn annually in building new social housing, so that fewer families have to depend on unaffordable and insecure privately rented accommodation.

Image: Kate Henderson, Chief Executive of the National Housing Federation.

Kate Henderson, Chief Executive of the National Housing Federation said:

“Low income families in England are being punished two fold, no longer able to access social housing because of the dire shortage of it, they now can’t access enough housing benefit to rent privately either.

“The crippling effects of the housing crisis and significant cuts to benefits have forced thousands of parents into impossible situations in order to keep a roof over their children’s heads, many having to choose between crippling debt, overcrowding or homelessness.

“The time to act is now - government must increase LHA payments in line with at least the bottom 30% of rents; as well as investing in building more social housing so we can ensure there are secure and affordable homes for these families in the future.

Case study

Emma Langdon is 30 and lives with her two young sons in a private rented property in Plymouth. After splitting up with her partner, Emma had to move out of their shared home, and struggled to find anywhere affordable to live. After looking for several months, she could not find a single property covered by the rate of Local Housing Allowance she is entitled to.

To avoid being made homeless, Emma had to move eight miles away from her children’s school. She still has to find an extra £60 each month to pay for the rent. She said: “It’s a nightmare. As well as trying to afford the rent, I’m now spending £50 a week on fuel to get the children to school and back.”

After a year of looking, Emma is still unable to find anywhere more suitable or affordable for her family to live. She said: “It’s practically impossible to find anywhere affordable that accepts people on housing benefit. If we lived nearer the children school it would cost an extra £100 each month in rent, but at least I would save money on petrol and they would be near their friends.”

“There are so many families like us in this situation. I’m lucky to have my father as a guarantor or we wouldn’t have been able to find anywhere to live.”

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GLOBAL JOB CUTS - There has been extensive media speculation today (Monday 7 October) that the international bank HSBC is to cut a further 10,000 job worldwide.

Interim Chief Executive Officer Noel Quinn seeks to reduce costs, says a report by Financial Times.

Image: Chief Executive Officer Noel Quinn.

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