Public Service Equality Duty???

joelincs

Hello, recently I lost a court case against a scaffold company who have blocked the footpath in a shopping centre because they were not a public company. The judge said that if I had sued the council I would have won.

I don’t understand this, I cited the equality act in my details and not the PSED. I think the judge was wrong but the Equality help site just tells me to consult a solicitor. They really are a waste of space.

Can anybody throw any light on this?

Cartini

Hi,

The judge will have been correct.  The scaffolders were most likely employed by the council, hence the comment he made.

A few years back I took a woman to court because she served my (then underage) son alcohol and cigarettes.  It didn`t go anywhere because she worked for a PLC (Private Limited Company), which is what I should have taken to court, not the woman.

joelincs

I don’t think that they were, it was for work on private premises, but thanks

Cartini

I have to say then, you probably lost your case because you don`t seem to have done your homework correctly.

The judge said you would have won had you sued the council; so why do you disbelieve him / her?

You said you don`t think the scaffolding company were employed by the council; so you assumed and appear to have got it wrong.

Which brings me back to my original comment about the shop; my solicitor didn`t do his homework properly which is why taking the woman to court didn`t go anywhere.

2oldcodgers

Cartini said:

I have to say then, you probably lost your case because you don`t seem to have done your homework correctly.

Doing your homework is crux to the case. Get it wrong then you are on a hiding to nothing.
If you don't understand that then there is no point in even starting court action.

Adrian_Scope

Hello @joelincs. I'm sorry to hear the outcome of your case and confusion given the judge's comments. I'm not legally trained and it wouldn't be my place to give advice on this, but I was wondering if there's a way you could access a solicitor to discuss? I believe some offer a free 30 minute or 1 hour consultation so it may be a way for you to get professional advice. 

joelincs

Thanks