In this episode, Nils provides a criminal law update on the recently introduced Courts and Tribunals Bill, discussing its potential impact on Crown Court caseloads, jury trials and magistrates’ sentencing powers. Sam then covers a disability discrimination and reasonable adjustments case against Sainsbury’s, highlighting key lessons for employers managing workplace adjustments.

Key Takeaways:

• Defendant’s right to elect Crown Court trial for triable-either-way offences removed; court decides jurisdiction.
• Defendant consent no longer required to send cases back to magistrates.
• Appeals from magistrates to Crown Court now require permission stage instead of automatic rehearing.
• Audio recording introduced in magistrates’ courts to support appeals.
• Magistrates’ sentencing powers extended to 18-24 months for triable-either-way offences.
• Crown Court bench division introduced for judge-only hearings of certain cases ≤ 3 years custodial sentence.
• Judge-only trials allowed for complex or lengthy fraud and financial cases.
• Reforms aim to reduce Crown Court backlog, but raise questions about defendant rights and jury trials.
• Employees with disabilities must be provided reasonable adjustments; small changes can be legally significant.
• Absences related to disability should not be counted for disciplinary purposes.
• Employers must balance medical evidence and business considerations when assessing adjustments.
• Failure to properly consider reasonable adjustments can result in disability discrimination claims.
• Large organisations should avoid superficial consideration; adjustments should be genuinely accommodated where reasonable.

Seminars & Events:

https://www.chadwicklawrence.co.uk/seminars/business-services-seminars/

Contact Us:

BoxHR@chadlaw.co.uk

SamPawson@chadlaw.co.uk

NilsODonoghue@chadlaw.co.uk

LinkedIn: ⁠⁠⁠www.linkedin.com/company/employment-law-chadwick-lawrence-llp/

Chapters:

(⁠⁠00:00⁠⁠) Introduction

(⁠⁠00:33) What's in Your Inbox?

(⁠⁠00:40) Propose Changes to the Criminal Justice System

(⁠⁠08:10) Disabled Sainsbury’s Manager Wins Discrimination Claim

(15:18) Out the Office!