Public Service Equality Duty???

joelincs
joelincs Online Community Member Posts: 13 Listener
in Everyday life
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?

Comments

  • Cartini
    Cartini Online Community Member Posts: 1,107 Trailblazing
    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
    joelincs Online Community Member Posts: 13 Listener
    I don’t think that they were, it was for work on private premises, but thanks
  • Cartini
    Cartini Online Community Member Posts: 1,107 Trailblazing
    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
    2oldcodgers Posts: 739 Connected
    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
    Adrian_Scope Posts: 11,750 Online Community Programme Lead
    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
    joelincs Online Community Member Posts: 13 Listener
    Thanks

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