You don’t need a solicitor every day, but when you do, it’s crucial to know where to turn. Hodge Jones & Allen Solicitors have, for over 40 years, been helping clients through the difficult times in their private lives. Our solicitors are widely recognised as some of the best in their field and are here for you whenever you need our advice and assistance. As one of London’s leading firms, we’re known for our genuine passion and commitment to securing justice. We’re never afraid to fight on behalf of our clients – we’ll always put you first. Our expertise lies in solving legal issues both in your personal and professional lives. Whether it’s advice about a family matter, an employment matter for you or your business, planning for the future, or resolving a dispute our specialist solicitors are always on hand to assist you. You can rely on our legal experts to take control of the situation and leave you free to focus on what really matters in your life. It only takes one call for our team to start assisting you and providing the reassurance and advice you need.
DISCRIMINATION & HOUSING RIGHTS
Hodge Jones & Allen holds a legal aid contract to advise those who have experienced discrimination. Our experienced team of specialist solicitors will help you to fight for justice and achieve the outcome you deserve. We work closely with charities as well as with individuals and their families who have been affected by discrimination.
ARE YOU PROTECTED BY THE LAW?
• age • gender reassignment
These are called protected characteristics. It is also against the law to discriminate against anyone if: • You’re associated with someone who has a protected characteristic, for example a family member or friend • You’ve complained about discrimination or supported someone else’s claim • Hodge Jones & Allen also use the Human Rights Act 1998 to challenge discrimination not covered by the Equality Act. • being married or in a civil partnership • being pregnant or on maternity leave • disability • race including colour, nationality, ethnic or national origin • religion or belief • sex • sexual orientation
HOW DO YOU KNOW IF ITS DISCRIMINATION? Discrimination can take the following forms: 1. Direct discrimination This is treating someone with a protected characteristic less favourably than others. 2. Indirect discrimination This is putting rules or arrangements in place that apply to everyone, but that put someone with a protected characteristic at an unfair disadvantage. 3.Harassment This is unwanted behaviour linked to a protected characteristic. 4. Victimisation This is treating someone unfairly because they’ve complained about discrimination or harassment.
EXAMPLES OF DISCRIMINATION Our friendly and approachable team are very experienced in in bringing claims and holding those whom discriminate to account. Some examples of the cases we have successfully handled include: • An action against the Department of Work and Pensions of the unreasonable delay in processing Personal Independent Payments (PIP) that would have removed the benefit cap which was causing a tenant to accrue rent arrears. • An action against a local housing authority for their failure to make a decision on a claim on a tenants Housing Benefit. • A challenge to an social housing allocation policy that discriminated against disabled people who required an adapted property. • A request for a reasonable adjustment on behalf of a tenant being evicted for rent arrears and who could not manage her finances due mental illness, to have the arrears paid directly from Income Support. • A request for a reasonable adjustment on behalf of a partially sighted client to have all written correspondence in large font. • A challenge to a local housing authority for placing a transgender female in all-male accommodation with shared showering facilities. • A claim for bringing a possession claim and injunction against a tenant based on anti-social behaviour that was a direct cause of the tenants disability. • Procuring a dedicated disabled parking space for the mother of a disabled child.
WHAT CAN HODGE JONES & ALLEN HELP YOU ACHIEVE? We will ask what you want to achieve, depending on your case it may be possible to achieve the following: A reasonable adjustment: ✓ For example, we represented a tenant who was deaf and her son who was blind. We sought for there to be two different type of doorbells fitted– one audio and one visual to make it easier for them to live in the property. The adjustment must be reasonable, as such you could not ask your landlord to start making structural changes to a property, for example widening doorways for a wheelchair, but it would be reasonable to ask for a non-fixed ramp to a front door to allow wheelchair access. ✓ Changes to a policy or practice that will that stop the problem happening again, or happening to someone else: For example, a change to a local authority’s housing allocation scheme. ✓ An apology: Many of our clients simply require the discrimination to be acknowledged and to receive an apology. ✓ For the discrimination to stop: This is often sought if the discrimination is ongoing.
COMPENSATION
In a claim for discrimination you might be able to get compensation for: ✓ any money you’ve lost because of the discrimination, this is called financial loss ✓ the emotional impact of the discrimination, such as hurt or distress, this is called injury to feelings ✓ a personal injury such as depression or a physical injury, caused by the discrimination ✓ any exceptionally bad behaviour from the other side - this is called aggravated damages
FREQUENTLY ASKED QUESTIONS
Q: Are there time limits for making a claim in the county court? A: Yes there are strict time limits and a claim must be brought within 6 months less one day of the act you’re complaining about. The court can allow a claim outside the time limits, but only if it considers it just and equitable to do so. Q: How do I calculate the time limit if the discrimination keeps happening? A: If it is a continuing act then the time only begins to run when the last act is completed. Q: Is there anything else I can do instead of making a claim? A: Yes you could complain directly to the person or organisation or look at alternatives such as mediation . Q: Do I need to tell my landlord I am going to make a claim for discrimination against them? A: Yes the court will expect you to send your landlord a letter of claim and allow your landlord to respond before you issue a claim. You might well be able to resolve the matter at this stage.
For a free consultation to discuss your issues call us on 0151 391 7541 or email contactus@hja.net
www.hja.net
We are independently recommended by the Chambers UK and Legal 500 directories and our legal teams are recognised in The Times’ Best Law Firms 2023 guide.
2023
Hodge Jones & Allen is regulated by the Solicitors Regulation Authority.
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