Steps to be taken to ensure Scotland is part of a UK-wide approach to Post Office convictions
First Minister Humza Yousaf has written to Prime Minister Rishi Sunak calling on joint working to ensure a UK-wide approach is taken to exonerate those wrongly convicted of criminal offences as a result of the Post Office Horizon IT system.
In the letter he wrote:
Dear Rishi
I am writing to you regarding the Post Office Minister, Kevin Hollinrake MP’s announcement in Parliament today that the UK Government intends to legislate to reverse the convictions of sub-postmasters convicted of criminal offences as a result of the Post Office Horizon IT system.
I welcome this announcement. The Post Office Horizon scandal requires urgent action to ensure those affected by unjust convictions can finally receive justice.
In the course of his statement, the Minister noted that the power to legislate to reverse convictions imposed by the Scottish courts is devolved to the Scottish Parliament but that he is keen to work with the devolved Governments to ensure that sub-postmasters in Scotland and Northern Ireland are not disadvantaged.
Scottish Ministers are keen to work with the UK Government to deal with the impact on sub-postmasters convicted in Scotland, ensuring that a UK-wide approach is taken to exonerate those wrongfully convicted in Scottish courts.
Given the unique circumstances arising from the Post Office Horizon scandal, it is right that normal processes for appeals are set aside to ensure that justice can now be delivered for those whose lives were greatly impacted by their wrongful conviction.
The Cabinet Secretary for Justice and Home Affairs, Angela Constance MSP, will contact her counterpart, the Secretary of State for Justice, to discuss how best to progress work in this area, whether this is by ensuring that the UK legislation will either apply directly in Scotland or by developing separate Scottish legislation to deliver the same effect for Scotland.
I trust that we can work together to ensure that those affected are now able to have their convictions overturned and obtain compensation.
Motorists have been warned that the risk to life because of potholes is now severe, as new figures reveal UK roads are in the worst condition in years.
Road safety experts at Road Angel are urging councils to fork out and repair potholes or they say road users will lose their lives.
Local authorities paid out over £32 million in compensation for 5,596 personal injury claims due to potholes between 2017 and 2021, according to a freedom of information request.
Pothole-related breakdowns hit a five-year high in July this year, with 50,079 callouts to vehicles stranded with faults caused by potholes, an increase of nearly one-fifth from 41,790 in July 2022.
With fewer potholes being repaired in the last financial year than any other in the past decade, there is concern that thousands more will be injured, and killed, as a direct result of badly kept roads.
A wet summer has meant that UK roads are in a worse condition than expected as water causes greater damage and repairs are harder to carry out.
If left, potholes grow in size as traffic wears away the edges leaving greater numbers of larger holes that will cause serious damage if driven through.
Motoring organisations are reporting that these larger potholes fill up with water in the wet so are harder for motorists to spot.
Drivers run the risk of losing control of their car when they drive over potholes, especially if they don’t spot them and are moving at speed.
Potholes can cause extensive damage to a car’s tyres which can affect steering alignment, and can also cause wheels to burst, pop or deflate while driving which could send the vehicle out of control.
They can also cause suspension to become misaligned leading to tyres being at the wrong angle which can also lead to a loss of control.
Over 29,000 people were killed or seriously injured on UK roads last year and 11% of crashes were caused by a loss of control.
Gary Digva, founder of Road Angel, is now pleading with local authorities to assess the risk to life if the pothole problem in the UK is not repaired.
He said: “It is shocking to see that the pothole plague in the UK is not being taken seriously by local councils given how many people are injured because of them.
“With fewer potholes being repaired than in the last decade, it is only a matter of time before we start seeing an increase in accidents, injuries and fatalities unless something changes.
“Potholes are incredibly dangerous for motorists as they can cause them to lose control, especially if they cause damage to the tyres of suspension, or swerve out of the way to prevent damage.
“Almost 30,000 people were killed or seriously injured on UK roads last year, and we fear these numbers could increase with the current state of the roads.
“Potholes not only pose a threat to motorists, but they are also dangerous for cyclists because the uneven surfaces can cause the bike to lose control, leading to accidents and serious injuries.
“Pedestrians could also get caught in the crossfire of out-of-control vehicles, putting them at serious risk of harm if walking along a busy road.
“To make matters worse, we have had an unusually wet summer this year which makes potholes harder for road users to see, meaning more people are at risk of hitting potholes and losing control.
“The best advice to motorists while the roads are in this substandard condition is to drive with caution at all times and reduce speeds when approaching a pothole.
“Motorists concerned for their safety after hitting a pothole should ensure they go to a qualified mechanic to check the vehicle for any damage.
“It is also worth noting that to make a claim in the event of injury or car damage from a pothole, evidence must be collected to show it was caused by the council’s negligence.
“This is a tough process, but can be done using witness statements, photo or video evidence and medical records, so while the roads are neglected by the councils it may be worth investing in a dashcam to capture pothole proof.”
Business Secretary gives energy suppliers deadline to urgently report back on remedial action for customers who faced wrongful installations
This follows damning reports earlier this week highlighting what appear to be breaches of rules and regulations to protect vulnerable households
Energy regulator Ofgem also asked to toughen up their investigations after they failed to find serious failings by British Gas
Business and Energy Secretary Grant Shapps has today given energy bosses a deadline of Tuesday to report back to him on what remedial action – such as providing compensation – they plan to take should they have wrongfully installed prepayment meters in the homes of vulnerable customers.
It comes in the wake of British Gas admitting fault as a result of the Times investigation which showed even those with small children or medical conditions have not been shown forbearance, with reports of debt collectors breaking into homes to install the equipment.
But these findings by The Times newspaper follow several reviews by Ofgem of the services provided by energy suppliers, which have not identified this unacceptable behaviour – or other significant shortcomings – and have in some cases even given companies a clean bill of health.
Therefore the Business Secretary has today told Ofgem to toughen up on energy suppliers and investigate the customers’ experience of how their supplier is performing.
He called on the regulator to set up a new customer reporting system for households to pass on their own stories of how they are being treated – especially those who are vulnerable – and not just rely on energy firm bosses to share information with their regulator.
Business and Energy Secretary Grant Shapps said: “ I am appalled that vulnerable customers struggling with their energy bills have had their homes invaded and prepayment meters installed when there is a clear duty on suppliers to provide them with support. They need to refocus their efforts on their consumers, the British public, who are at the receiving end of this abhorrent behaviour.
“ I’m also concerned the regulator is too easily having the wool pulled over their eyes by taking at face value what energy companies are telling them. They need to also listen to customers to make sure this treatment of vulnerable consumers doesn’t happen again.”
News reports across the country have highlighted examples of the forced installation of prepayment meters in the homes of those who are struggling to pay their bills.
The regulator has also been asked to toughen up their reviews, going beyond the company headquarters to find out what is really happening in people’s homes by hearing from them directly and engaging more with charities and other groups that represent consumers.
Currently, energy suppliers are required to provide Ofgem with information to demonstrate how they comply with the rules on supporting vulnerable consumers, on customers struggling to pay and on the fitting of prepayment meters.
The Business Secretary wants to see the voices of consumers and those who champion their needs heard when deciding which energy companies are meeting expectations – with a customer reporting hotline being just one example we would want the regulator to consider.
On Thursday night a number of suppliers announced they would suspend forced installations after being pushed by Ofgem to pause the practice while they reassure the regulator they’re complying with the rules.
However, just over a week ago the Business Secretary launched a crackdown on the mistreatment of energy users by suppliers, already asking them to voluntarily commit to stopping this practice. He also demanded they share the number of warrants they’ve applied for in recent months and plans to publish the findings.
Earlier this week the Energy and Climate Minister also met British Gas CEO Chris O’Shea and expressed his horror at recent reports. He made it clear this kind of behaviour is unacceptable, especially from such a key and longstanding British company.
He urged Mr O’Shea to take urgent steps to repair the damage done to British Gas’ reputation and urgently come back to him outlining the role he will personally take to fix these cultural issues.
The British Gas boss was also told by the Minister that vulnerable, mistreated customers need to be identified and redress provided. He will be monitoring matters extremely closely to make sure this happens.
Last month the Business Secretary and Energy and Climate Minister called energy suppliers to voluntarily stop force fitting prepayment meters:
Compensation will not be taxed or be subject to NI deductions and will be made UK-wide, delivering on the government’s commitment to meet interim recommendations of the inquiry.
Thousands of victims of the historic infected blood scandal, which occurred in the 70’s and 80’s, are being contacted this week to confirm that interim compensation payments will be made by the end of October.
The payments deliver the government’s commitment to meet, in full, the recommendations set out by infected blood inquiry chairman Sir Brian Langstaff in his interim report.
Infected individuals and bereaved partners who are registered with any of the four UK infected blood support schemes will receive letters this week confirming the £100,000 alongside details of how the money will be paid.
This follows confirmation that payments will not be subject to any tax or national insurance deductions. Neither will they affect any financial benefits support an individual is receiving.
Chancellor of the Duchy of Lancaster, Nadhim Zahawi, said: “I know from my own discussions with constituents who are victims of the infected blood scandal just how traumatic their heart-breaking experiences have been and I was proud to campaign as an MP on their behalf and continue that work as a government minister.
“No level of compensation will ever make up for the appalling treatment and circumstances that those affected by this scandal and their families have had to endure, but I hope that these interim payments go some way to demonstrate that we are, and always will be, on their side.”
Minister of State for Health, Will Quince, said: “The infected blood tragedy should never have happened. That’s why we’ve accepted Sir Brian Langstaff’s interim recommendations in full to help right this historic wrong for the thousands of people infected and bereaved partners left behind.
It’s right these interim compensation payments are being made as quickly as possible and I want to thank NHSBSA and the other UK scheme administrators for their relentless work on this. We’re continuing to listen and will be looking closely at any further recommendations as the Inquiry concludes.
The interim compensation payments will build on the support to those affected by the scandal already provided by the four UK infected blood support schemes.
The Government will respond to any further recommendations made by the Infected Blood Inquiry and its Chair Sir Brian Langstaff when the Inquiry concludes next year.
These interim compensation payments are expected to reach around £400 million for the whole UK, with agreement also reached for payments to be made through schemes in Scotland, Wales and Northern Ireland as well as those in England.
Unite members working at the INEOS refinery at Grangemouth have won a legal battle that strengthens collective bargaining rights and will prevent employers bypassing unions to impose pay deals on employees.
The Employment Appeal Tribunal has ordered global chemical firm, INEOS, to pay compensation to 28 Unite members employed at its Grangemouth site of £3,830 each, after it tried to impose a 2.8 per cent pay award on them in 2017. Their union, Unite, had previously rejected the offer.
This latest ruling strengthens the law on ‘unlawful inducements’ to surrender trade union rights. It builds on the ground-breaking Kostal UK Lytd v Dunkley and ors case, which Thompsons successfully won alongside Unite the Union last year.
Neil Todd, trade union specialist at Thompsons Solicitors, said: “This is a key victory not only for the Unite members involved, but for all workers in trade unions across the UK.
“The right of a recognised trade union to collectively bargain on behalf of its members is fundamental to workers’ rights and this judgment makes clear that it should be respected by employers.
“Along with the Kostal case, a spotlight is finally being thrown by the courts on trade union bargaining rights and it’s not looking good for employers who think they can ignore trade unions when they choose”
The Unite members argued that imposing the pay increase outside the collective bargaining process amounted to an unlawful inducement to give up collective bargaining rights.
Documents disclosed during the legal proceedings revealed a member of the firm’s senior leadership team had suggested the company needed to “engineer a way to get rid of Unite and replace them with a different representative body” after its members refused to vote in favour of the proposed offer.
The initial tribunal in 2018 ruled in favour of the workers, but INEOS appealed the judgment and that appeal was subsequently delayed pending the outcome of the related Kostal UK Lytd v Dunkley and ors case, which had progressed to the Supreme Court.
The Kostal case saw Unite members, again represented by Thompsons Solicitors, successfully take legal action against their Rotherham-based employer for trying to bypass union pay negotiations
. This was a ground-breaking case, billed at the time as the most important trade union rights case in over a decade – and the first case in the UK’s highest court on trade union bargaining rights.
Mr Todd said: “This victory sends a clear message to employers. One, you won’t get away with issuing statements of intent to vary an employee’s pay and deem that offer accepted if the employee continues to work.
“And two, you can’t simply declare something to be “a final offer” to suggest collective bargaining is exhausted and then bypass the recognised trade union to make direct approaches to workers.
“We are delighted to build on our ground-breaking Kostal case. Both cases make clear the central role trade unions play in the workplace and should give comfort to union members up and down the country.”
Unite says that the long-anticipated Employment Appeal Tribunal (EAT) judgment has huge ramifications for workers everywhere.
Sharon Graham, Unite general secretary, said: “This is an important legal victory for Unite and the wider trade union movement.
“Employers everywhere should take note. Unite the union will use every tool at its disposal to defend collective bargaining and will not tolerate employers like INEOS trying to bypass their obligations to negotiate.”
It is estimated that more than 1.3 million people have been targeted by unscrupulous regulated and unregulated financial advisors who have pedalled bad advice.
These unscrupulous advisors have persuaded many people to transfer their existing private pensions or extremely valuable defined benefit pensions, to open a SIPP (Self Invested Personal Plan) and to “invest” in unregulated, high risk and illiquid “investments”.
Many people have lost most, if not all, of their pensions which they have been paying into all of their working lives. In some cases, people have transferred pension pots of £500,000 or more into worthless “investments” sold to them by dodgy or incompetent financial advisors who were not authorised or regulated by the Financial Conduct Authority (FCA).
Investments that promise significant returns but deliver losses have led to people losing most or all of their pension funds, leaving them devastated, often traumatised, unable to retire comfortably and often unable to retire at all.
Solicitor Paul Higgins of Pension Justice, a law firm that specialises in assisting victims of pension mis-selling to help recover some of their lost money, says: “That old adage of ‘if it sounds too good to be true, it probably is too good to be true’ couldn’t apply more than in the case of pension mis-selling.
“We’ve had clients that have been promised huge returns on unregulated investments into things such as storage pods, airport car parking spaces, fractional ownership of property in Cape Verde, carbon credits and more, which sadly have all turned out to be worthless”.
Pension Justice has helped its clients, who have been given bad advice, to recover millions of pounds in compensation and has the following top tips to help people from falling victim to pension mis-selling.
Knowing what red flags to look out for could save a person from making a terrible mistake that could help them avoid losing their pension and ruining their retirement:
1. Be suspicious of cold calls from financial advisors. As a general rule don’t take cold calls. If you don’t know who they are, put the phone down. If you are interested in talking to them, do some background research into their qualifications and the investments they are offering. Promises of doubling your money are probably worthless. Unfortunately, there are many unscrupulous “advisors” out there who prey on people by offering “free pension reviews”. Under no circumstances agree to anything on the phone or invite them into your home, however convincing, how friendly they are or how much pressure they put you under.
Check with the Financial Conduct Authority to see if they are authorised to provide financial advice.
2. Do your homeworkon the investments offered. Look up pension mis-selling, discuss the investment opportunity with friends and family and ask someone to help you do some research online if you are not internet savvy. Unregulated investments are highly risky, and you could lose your life savings for the baseless promise of high returns.
3. Make sure you understand the terms and conditions. Your financial adviser is in a position of trust and has to communicate the terms and conditions of any products they are selling. They need to ensure you are fully informed before making any decisions. If your pensions advisers don’t explain any terms and conditions, you will likely be able to file a claim.
4. Ask for a full breakdown of fees and charges. Make sure you find out exactly how much this transfer will cost you in terms of fees and annual charges. Again, victims of mis-selling sometimes end up paying out more money to the advisor than their pension earns. If the advisor is not clear about these fees and charges, then walk away.
5. You have been advised to transfer your pension from a workplace pension. It is doubtful that it will be beneficial for you to transfer your extremely valuable defined benefit pension and there is a good chance that you will be mis-sold.
Paul said: “If you think you have already been a victim of pension mis-selling, it is possible to get compensation. Pension Justice have recently helped one client recover compensation.
“She transferred £35,000 from a defined benefit NHS Superannuation Scheme of Scotland pension into a SIPP and thereafter “invested in an Ethical Forestry scheme” which failed.
“We recently helped another client who had a defined benefit scheme pension with Proctor and Gamble and also a personal pension which together were worth over £158,000. She was persuaded to open a SIPP and to transfer her pensions into that SIPP and thereafter invest over £149,000 in “investments” which subsequently failed.
“Pension Justice pursued a claim on her behalf to the FSCS (Financial Services Compensation Scheme) and in February 2020 recovered £85,000.00 in compensation for our client, the maximum payable under the scheme.”
The TUC has called for long Covid to be urgently recognised as a disability and Covid-19 as an occupational disease, to give workers access to legal protections and compensation.
The call comes as the TUC publishes an in-depth report on workers’ experiences of long Covid during the pandemic.
More than 3,500 workers responded to a TUC survey on the impact of long Covid on people’s daily working lives.
The survey reveals that, of those surveyed:
Nearly 3 in 10 (29 per cent) have experienced symptoms lasting longer than a year.
More than 9 in 10 (95 per cent) have been left with ongoing symptoms.
A clear majority had experienced side effects including brain fog (72 per cent), shortness of breath (70 per cent), difficulty concentrating (62 per cent) and memory problems (54 per cent).
Over half (52 per cent) had experienced some form of discrimination or disadvantage due to their condition.
The report highlights how frontline workers have been disproportionately affected by long Covid.
Over three-quarters (79 per cent) of those who responded to the TUC’s survey identify themselves as key workers, with the majority working in either education or health and social care.
More than two-thirds (68 per cent) of respondents were women.
Long Covid in the workplace
The report reveals the extent of discrimination in the workplace towards those with long Covid.
Over half (52 per cent) of respondents said they had experienced some form of discrimination or disadvantage due to their condition.
Workers told the TUC how they were faced with disbelief and suspicion when they disclosed their symptoms:
Around a fifth (19 per cent) said their employer had questioned the impact of their symptoms.
One in eight (13 per cent) faced questions from their employer about whether they had long Covid at all.
One in 20 respondents (5 per cent) said they had been forced out of their jobs altogether because they had long Covid.
Respondents described the difficulties that they faced trying to work while experiencing a range of long Covid symptoms.
One person – who contracted Covid-19 at work – said that when their employer went ahead with an international event in the first wave of the pandemic: “I was still expected to work long hours, handle stressful situations in impossible timeframes, find and fill in forms (which I struggled to do because of cognitive issues), and spend hours on Zoom calls when I struggled to talk and breathe, resulting in extreme chest pain, shortness of breath, exhaustion and severe symptom relapses.”
Respondents were also concerned about what the future might hold for them at work given the amount of sick leave they had been forced to take due to their long Covid symptoms.
Around one in six respondents (18 per cent) said the amount of sick leave they had taken had triggered absence management or HR processes.
New rights and protections for those with long Covid
The TUC is calling for the government to urgently recognise long Covid as a disability under the Equality Act.
The Equality Act 2010 defines disability as a “physical or mental impairment…[that] has a substantial and long-term adverse effect on [their] ability to carry out normal day-to-day activities”. Government guidance makes clear that ‘long-term’ means 12 months or more.
The TUC says that many who have long Covid already meet this criteria and should therefore be protected under the law rather than forced to go through the stress of employment tribunals.
Extending Equality Act 2010 protections so they cover workers with long Covid would ensure employers cannot legally discriminate against them. It would also put a duty on employers to make reasonable adjustments that remove, reduce or prevent any disadvantages workers with long Covid face, as for any other enduring condition or disability.
In addition, the union body is calling on ministers to recognise Covid-19 as an occupational disease – entitling employees and their dependents to protection and compensation if they contracted the virus while working.
TUC General Secretary Frances O’Grady said: “Many of the workers who have carried us through the pandemic are now living with debilitating symptoms of long Covid. And we’re beginning to hear troubling stories of a massive wave of discrimination against people with long Covid.
“It’s time to recognise this condition properly – and make sure workers who are living with long Covid get the support they need to do their jobs.
“Long Covid must be recognised as a disability. That would mean workers are protected by the Equality Act, and would have a right to get reasonable adjustments at work.
“And Covid-19 should be designated as an occupational disease. That would allow workers who contracted Covid-19 at work and are living with the consequences to claim the compensation they are due.
“Employers must also act. They should make sure they make reasonable adjustments for workers with long Covid, and complete specific risk assessments to make sure workers with long Covid are safe at work.”
Lesley Macniven, Chair of the Long Covid Support Group, who worked with the TUC on its report, said: “Even those with ‘mild’ Covid can suffer daily with fluctuating symptoms, exhausted and alone. Promises we’ll ‘just get better’ have been proved otherwise.
“A year on we need legally enforceable guidance for employers and government – informed by unions, occupational health and patient groups with significant lived experience managing long Covid.
“Patients need time to convalesce, then recuperate through a very gradual, flexible phased return to work, over months, to achieve a sustainable return.
“Long Covid is disabling young, previously healthy workers. This key step is needed to take the effects of long Covid seriously, enable rehabilitation and protect dedicated workers from discrimination due to poor understanding of the condition.”
An Edinburgh lawyer is calling for the UK to adopt a similar approach to other European countries of presumed liability of drivers when cyclists are involved in a road accident.
Amid the COVID-19 pandemic the government has been promoting cycling, not only for its health benefits during lockdown, but also as an alternative to public transport. Personal injury specialist at Thorntons, Michelle Adam, believes that UK roads aren’t set up to deal with an increase in cyclists, meaning there is a higher chance of an accident happening – and cyclists should be protected.
Michelle said: “If the government is serious about increasing the use of bikes, they need to invest in the correct infrastructure to keep cyclists safe – resurfacing roads and creating more designated cycle lanes. Without this, it’s inevitable there will be more accidents.
“At the moment in the UK when a cyclist is involved in an accident with a car or other vehicle, the cyclist needs to prove that the car driver is to blame for the accident. That can sometimes be difficult, particularly if a cyclist is very badly injured and there are no witnesses.
“Across most of Europe however, there is a different approach which is known as presumed liability. That means that a car driver will be liable if they collide with a cyclist. The only way to avoid responsibility is if the driver can prove that the crash was unforeseeable or out of their control. I believe this approach should be adopted in the UK.
“If a cyclist is involved in an accident with a car, they are much more likely to be seriously injured than the car driver. Motor vehicles are heavy pieces of equipment which are full of safety features to protect their passengers, which is not the case for someone on a bike.
“Cyclists should obviously obey the rules of the road and take care for their own safety but they ought not to have the burden of having to prove the other party is at fault. In our changed world, I believe now is the right time to change the law, raise awareness and make all road users safer.
“But for now, if the worst happens and you are knocked off your bike and suffer an injury, you might be entitled to compensation if you can prove the other party is at fault. If you have an accident, try to get names of any witnesses, details of the driver and the registration number of the vehicle involved. These will be useful evidence if you decide to pursue a personal injury claim.”
The Scottish Conservatives have reinforced their commitment to improve Scotland’s roads with a £100m Pothole Action Fund. The fund has been announced during the private member’s debate led by Rachael Hamilton MSP, Scottish Conservative MSP for Ettrick, Roxburgh and Berwickshire.Continue reading Scottish Conservatives would invest £100m in Pothole Action Fund
