
Disabled could be helped back into work with new right similar to maternity law
They said such a right would 'would clarify and strengthen existing legal protections' under the the Equality Act and 'provide a much stronger message to workers about what they are entitled to'.
A new Right to Reintegration could help disabled workers back into work in the same way that maternity rights transformed women's employment prospects a generation ago Louise Murphy, Resolution Foundation
The report warned that the Government risks failing to meet its aim to raise the employment rate to 80% without a 'serious strategy to shift employer behaviour' and argues employers must be incentivised to reintegrate existing workers back into jobs.
The report comes in the same week as the Universal Credit Bill cleared the House of Lords, aimed at rebalancing the benefit 'to remove work disincentives', according to a Government minister, while giving existing claimants 'the security and certainty they need'.
Separately during the debate, Paralympic champion Baroness Tanni Grey-Thompson, who sits in the Lords, said disabled people have been portrayed as 'benefit scroungers and a drain on society' in the conversation on welfare reform.
In its report, the Resolution Foundation said around 12% of disabled staff leave work each year – consistently 1.5-times the rate of non-disabled workers.
It added that twice as many people move from work into inactivity due to ill health – around 304,000 each year – than those moving the other way (around 151,000).
But the think tank said despite there being 'strong' legal obligations in place already on employers, they are 'simply not doing enough to retain existing workers', with fewer than half of disabled workers who request a reasonable adjustment – which can include a change to working arrangements or provision of equipment, services or support – having this granted in full.
With 15% of disabled people reporting workplace discrimination relating to their disability in 2022, the report said this remains a 'pressing issue'.
The think tank said: 'Boosting disability employment is not straightforward: it will involve improvements to the health system, benefits system and world of work. But action to incentivise and support employers is a vital piece of the puzzle.'
Louise Murphy, senior economist at the Resolution Foundation, said: 'The Government should do more to incentivise firms to employ disabled people – especially those who have been out of work for long periods – but employers need to do more in return.
'A new right to reintegration could help disabled workers back into work in the same way that maternity rights transformed women's employment prospects a generation ago.'
The foundation said the new right could be enforced through employment tribunals, but urged the Government to also consider 'more proactive enforcement mechanisms, whether via the Equalities and Human Rights Commission or connected to a new system of caseworkers that are expected to be covered in the forthcoming Mayfield Review'.
Former John Lewis boss, Sir Charlie Mayfield, is undertaking a review to investigate how Government and businesses can work together to support ill and disabled people into work, with a report expected in autumn.
The Government has been contacted for comment.
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The Herald Scotland
29 minutes ago
- The Herald Scotland
UN probes Scots judge-led body's 'breach' of international law
Now the Scottish Government will be expected to give answers to a UN committee about the complaint as part of a UK response over compliance. Scotland has since 2011, been found to be in breach of Article 9 of the Aarhus Convention, a binding piece of international legislation that guarantees the right to a healthy environment and enshrines people's rights to defend it in a court of law. The United Nations council which adopted the convention in 1998 gave the Scottish Government a deadline of October 1, 2024 for a plan of action to remove or cut the cost of access to justice as legal cases can often run into tens of thousands of pounds. The ERCS says that makes access to justice to protect the environment unaffordable and while there is a 'loser pays' rule, litigants are liable to pay their opponents fees if they lose their case. The Scottish Government asked the Scottish Civil Justice Council (SCJC) - a public body comprising predominantly senior judges and other members of the judiciary and legal profession which is responsible for keeping the civil justice system under scrutiny - to review the rules on the costs of court actions. Lord Pentland is at the centre of access to justice row (Image: NQ) But despite the review, a UK progress report at the end of last year confirmed the nation has not removed the cost barriers to justice despite the SCJC intervention. They say it continues to breach the convention as they "only made minor changes and no concrete commitments for future reform". In its formal complaint to the UN's Aarhus Convention Compliance Committee, ERCS argued that the SCJC's review has breached Article 8 of the Convention, which requires public bodies to consult the public when making certain laws that can significantly affect the environment. 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The Scottish Civil Justice Council failed to consult the public and, predictably, went on to produce legal expenses rules that do not comply with the Aarhus Convention's requirements. Former co-convener of the Scottish Greens, Maggie Chapman has criticised ministers over law breaches over access to justice (Image: NQ) 'We were glad to see that the Aarhus Convention Compliance Committee saw through bad faith attempts to knock out our complaint. We hope that the Scottish Government will now respond to our concerns seriously.' The SCJC has denied that there has been a breach. And Scots community safety minister Siobhian Brown has said in a response to a question about the case: "The Scottish Government has every confidence in the work of the Scottish Civil Justice Council." The council is responsible for overseeing civil justice fairness and effectiveness and provides advice on rule changes and recommends improvements while keeping the system under constant review. It is typically made up of between 14 and 20 members and are appointed by its chairman, the most senior judge in Scotland and Lord President of the Court of Session and Lord Justice General, Lord Pentland or Scottish ministers. They are predominantly entrenched in Scottish law either as judges, sheriffs, advocates, solicitors or heading up administration. At least four are members of the judiciary including at least one judge from the Court of Session and a sheriff, as well as at least two practising advocates. Other senior judges include on the council are Lady Carmichael, who was appointed as a Senator of the College of Justice in 2016 and Lord Ericht, who became a judge of the Supreme Courts in 2016. The group further includes Malcolm Graham, chief executive of the Scottish Courts and Tribunal Services, Colin Lancaster, the chief executive of the Scottish Legal Aid Board (SLAB) It comes amidst growing concern about local democracy being overridden as some of Scotland's most scenic areas face up to hundreds of live renewable projects. A "once in a generation" convention of 53 community councils have been demanding a summit with energy ministers in a fight to pause infrastructure projects. There were over 700 live applications in the Highland Council area alone, ranging from wind and hydro projects to energy storage and transmission grid plans. 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Consisting of 67 wind turbines, it was proposed by SSE in 2012 and granted by the Scottish government in June 2014. Glasgow had to exploit a loophole to bring the action in the name of a member who would qualify for legal aid. ERCS said it has had to resorting to questions under the Freedom of Information act on the SCJC process and any proposed new court costs rules. In response to an FOI request, the SCJC indicated in January 2023 that they intended to hold a public consultation on the new costs rules to inform decision-making "later in 2023". But in response to a chaser FOI request in October 2023, the SCJC decided against a consultation "to avoid undue resource impacts for potential respondents". And the ERCS say when the revised rules on Protective Expenses Orders - which limit a liability for costs in certain types of legal cases - came into force at the end of last year it was without public consultation and they say that they remain non-compliant with the Aarhus Convention. The Scottish Environment LINK (SEL) coalition of more than 30 leading charities said the SCJC failure was a "disappointing development which further damages accountability and the quality of environmental decision-making in Scotland". The SCJC has said that the latest amendments to the PEO rules was the first step in a process and that the review on costs as it relates to the sheriff court remains ongoing with a public consultation due to take place this year. Dr Shivali Fifield, ERCS's chief officer, said: "We submitted this complaint to uphold our right to participate in environmental decision-making. Scotland has been in breach of the Aarhus Convention's access to justice requirements since 2014. This is the third time the Scottish Civil Justice Council has reviewed rules on legal expenses and yet it remains prohibitively expensive to defend the environment in court. "Access to justice is not a favour, it is integral to our environmental human rights. We know that there is support for environmental justice across the political parties - and we will continue to hold the Scottish Government accountable until we see the barriers to justice removed." An analysis backed by Scotland's nature agency found wildlife is "in crisis" in 2023 with one in nine animals and plants being at risk of becoming extinct north of the border. A State of Nature Scotland analysis, backed by the [[Scottish Government]]'s [[Nature]]Scot agency and published by a partnership of over 50 nature and conservation organisations, warned the risk of extinction among some groups, such as vertebrates, is much higher at more than a third (36.5%). The most notable declines were with familiar birds such as swifts, curlews and lapwings which have declined by more than 60%. Kestrels have declined by more than 70%. A spokesperson for the Scottish Civil Justice Council said: 'The Scottish Civil Justice Council has approved its work programme for 2025/26, which has now been published. "As part of this , a priority for the coming year is to hold a public consultation on the extension of Protective Expenses Orders to the Sheriff Court. These orders allow litigants to limit the legal costs they might incur in the event they lose the case. The consultation is currently being finalised and we expect it to begin in the near future.' A Scottish Government spokesman said: 'The Aarhus Convention Compliance Committee is looking into a complaint, which says that the Scottish Civil Justice Council failed to ask the public for their views before changing rules about legal costs in environmental cas'The committee has decided the complaint is worth investigating further, but this is just a preliminary decision. They still need to follow more steps before making a final decision on whether to fully investigate. It would be inappropriate to comment further at this stage.'


Scotsman
an hour ago
- Scotsman
Investors need certainty to build the homes Scotland needs
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Scotsman
an hour ago
- Scotsman
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