Ryan Clement

A day in my life

Ryan Clement

Maurice Bishop (1944-1983)

IF YOU ASK many people what they did on a particular day last week, let alone a few years ago, unless something remarkable or exceptional happened or occurred, it is highly unlikely that most, myself included, would be able to recall accurately the events of that week or year. That is why I was able to write about 10 October 1996 when, if only for me, friends and family, something remarkable happened, which is when I was Called to the Bar of England and Wales.

Called to the Bar

SIMILARLY, I recall where I was in October 1983. Some people would, Most people won’t and All Grenadians should. Although born in London, I am of Grenadian Heritage (Grenada mainland and Carriacou), hence why I should and do. My mother’s friend, Helen, was over at the family home. My mother had just finished doing Miss Helen’s hair and they were engaging in small talk. Naturally, that was no business of mine. Furthermore, children did not hang around much – if at all – when Big People are talking. So, I went into my parents’ bedroom to watch TV. As I was watching, there was breaking news that there was an incident in Grenada. I had to check twice that I heard it correctly because many people – even today – mistake Grenada for Granada. After checking that I had heard clearly that it was the former, I ran into the other room to interrupt the Big People talking to tell them, both of whom are Grenadian, of the news I had heard. I can still the shocked look on their faces, not because I had the front to interrupt them but because of what I had just revealed. We were glued to the television as the news unfolded.

There was an uprising in the up and till then peaceful, small Spice Island. This was a shock. To be honest, I knew very little about the local politics. I had heard of Sir Eric Gairy because his name was mentioned a lot in the household but without my taking any real attention. This short blog is not about the politics of the time about which I know a lot more now and about which much has been written. I am simply writing from the prospective of a young British born person of Grenadian Heritage at the time. Sir Eric Gairy, who led Grenada through its independence from Britain in 1974, became its first Prime Minister in the same year.

I remember my heart racing as, obviously, I understood and sensed the general seriousness of what was happening but neither the context of it or the real gravity. The knowledge of both were gained over the next few days when I heard and read more in the media. I also knew if the then American President, Mr Ronald Reagan, and the then British Prime Minister, Mrs Margaret Thatcher, were discussing it then it must be very serious! The former got the American’s actively involved on the basis, it was reported, of freeing American students on the island who were studying at SGU (St. George’s University).

I had heard of the then Grenadian Prime Minister at the time, Mr Maurice Bishop, but I knew little else. I got to know a lot more fast, very fast. Prime Minister Bishop was a lawyer who studied law in London. In March 1973 the New JEWEL [Joint Endeavor for Welfare, Education, and Liberation] Movement (NJM) was formally established. Mr Bishop was its leader, which became the leading opposition party to that led by Sir Eric Gairy, the GULP (Grenada United Labour Party). However, in March 1979 the New JEWEL party led by Mr Maurice Bishop overthrew Sir Eric Gairy and the GULP in a successful coup d’état. Although, Mr. Lennie Fleary says it was not a coup d’état but it was a revolution. In 1983, which is where this blog began, Prime Minister Bishop was killed.

I have since walked around and visited the scenes of what occurred during that time. Also, I have since walked many times along the old airport, Pearls, where there are still abandoned planes that were part of the conflict. It feels so strange writing this. Firstly, what happened 40 years ago is so at odds with the tiny peaceful, Spice Island I know and love today. Secondly, whenever I walk along the airport strip at Pearls, I recall being a 10 year old who had travelled with my mother and landing on that very same strip. I recall leaving and waving to my late grandmother as we boarded the little plane headed for Barbados to catch the connecting jumbo, heading for London. It was at that airport I last set eyes on my late-grandmother, Nenen.

Maurice Bishop: The Revolutionary Visionary of Grenada

I have shied away from expressing any political opinion about an issue I have since heard plenty about but about which I am not qualified to express any opinion that would carry any weight or have any value. However, as is well documented, it would be fair to say that President Reagan was not too pleased with Prime Minister Bishop for engaging Cubans to help construct a new and international airport at Point Salines in Grenada. It is reported that President Reagan was concerned that the Bishop Government would allow the Soviet Union to use it en route to Cuba. Ironically, in 2009 Point Salines Airport was remained Maurice Bishop International Airport, which is on Maurice Bishop Memorial Highway.

A fascinating Chat with Mr. Lennie Fleary, a Former Grenada Consul General in Toronto

In August 1997 aged 75, Sir Eric Gairy passed away in Grenada. Like Dr. Martin Luther King Jr. and Mr. Malcolm X (also of Grenadian heritage), Mr. Bishop lived to see his 39th birthday. But, also like Martin Luther King and Malcolm X, he would be assassinated before his 40th!

Historic Grenada: Settlers to Independence

Ryan Clement, LLM, BA, BSc, FRSA barrister

Prostate Cancer

Ryan Clement

I AM TOLD that most men will die with prostate cancer than from it. We all, I believe, are far more enlightened and educated about PC than, say, 10 years ago. However, sadly, I find that there are still two camps amongst us; those who know and have regular checks and those who know but simply do not care. This short blog is for the latter.

I am no expert on the subject but have had personal experiences of it. To put it crudely, if every male had to experience one cancer in their lives PC would probably be the one. Why? Because it is curable if caught early. AND, we should ALL be seeking to catch it early if we are of the 1 in 8 (12.5%) (some say 1 in 7 – 14%) of ALL men in the U.K. who will get PC. AND, 1 in 4 (25%) of black men will get it. These statistics are frightening!

However, there is ABSOLUTELY no excuse for not asking for/having regular checks, for example, of your PSA; if you have a family history of PC; or if you have or believe you have related symptoms. According to to NHS.U.K.:

https://www.bbc.co.uk/news/health-62755001

Prostate cancer does not usually cause any symptoms until the cancer has grown large enough to put pressure on the tube that carries urine from the bladder out of the penis (urethra).

Symptoms of prostate cancer can include:

needing to pee more frequently, often during the night
needing to rush to the toilet
difficulty in starting to pee (hesitancy)
straining or taking a long time while peeing
weak flow
feeling that your bladder has not emptied fully
blood in urine or blood in semen

https://www.nhs.uk/conditions/prostate-cancer/symptoms/

There is simply NO excuse not to get checked regularly. You owe it to yourself, your family and your friends. Ignoring prostate cancer won’t beat it!

RISK CHECKER in 30 seconds

FINALLY, putting aside that I write about many topics other than just law, employment, HR etc, in case anyone is thinking what has PC to do with any of them, it has EVERYTHING to do with them. As will be seen in my next publication (out soon!), cancer is deemed a disability under the Equality Act 2010. In other words, a person with prostate cancer would not need to prove/satisfy the, “substantial and long-term adverse effect on [their] ability to carry out normal day-to-day activities,” parts of the disabled definition.

You know it makes sense!

Just do it!

NO COPYRIGHT (ONE’S/YOUR LIFE IS MORE IMPORTANT) – PLEASE FEEL FREE TO SHARE THIS AMONGST BOTH YOUR MALE and FEMALE FAMILY MEMBERS, FRIENDS AND LOVED ONES ❤️

Ryan Clement

Prostate Cancer by Ryan Clement

The Mythological Beginning

Ryan Clement, LLM, BA, BSc, FRSA

THIS IS A STORY about the beginning as the Ancient Greeks perceived it to be. Today, we put it in the draw of mythology, Greek Mythology. In fact, the ensuing Romans didn’t dispute much of it either apart from changing a name here and there such as the Greek Uranus to Roman Neptune. I like originals, so I shall keep mainly to the Greek names but shall refer to the Roman counterparts later. So, here goes.

It’s hard to imagine this but there was once Chaos. Not the type of chaos we see in the world today but a type of emptiness. I know it seems hard to picture how chaos could be empty, but it is not for our modern human minds necessarily to get our heads around. It’s like mathematics, you simply accept that 22 over 7 is okay to use for Pi or that there are precisely 365 and one quarter days in the year without question. You learn it, memorise it and accept it.

So, according to the Greeks, Chaos was there alone. And Chaos was chaotic. Chaos was its raison d’être. I am guessing here but at some point I presume that Chaos wanted some order in its life. So, it created or formed – the precise verb is not essential – Gaia, Mother Earth, who was joined by Uranus (like I said, also known as Neptune by the Romans), god of the sky. They were joined by a dark unpleasant underworld beneath the Earth named Tartarus, an evil place. Others joined in also such as Hemera, Aether, Nyx and Erebus representing and being Day, Light, Night and Darkness respectively. Naturally, these were the first of their kind. These were Goddesses and Gods. The first EVER! So, in order to distinguish them from the gods they begat and those to follow, we called them Primordial deities. Interestingly, they could also take bodily forms.

Now we introduce the next tier of gods. Initially, Gaia and Uranus produced 12 giant beings – half a dozen males and females each – named, eventually, as the Titans. Amongst them were Rhea, Lapitus and the youngest, Cronus. Sadly, Uranus wasn’t fatherly and left the children’s upbringing to Gaia. Additionally, he was cruel to his offspring and didn’t even like the look of them. His view wasn’t helped by the appearance of his and Gaia’s next produce, being three giant Cyclopes (one eye!) and three Hecatoncheires (fifty heads and hundred hands giants!). Due to Uranus’ cruelty, Cronus, leading amongst his siblings together with his mother’s blessing, plotted to kill their father. Matters did not result in patricide, but a wounded Uranus fled.

The power vacuum created by Uranus’ departure was filled naturally by Cronus, as he had elected riskily to take on his father and conquered. Siblings Cronus and Rhea formed a union. However, due to a prophecy Cronus feared that one of his children would dethrone him – not too far removed from what he had in mind for his own father. His prognosis was to eat his children shortly after birth. After their fifth child had been consumed by the father, being Hestia, Demeter, Hera, Poseidon and Hades, Rhea conspired with her mother, Gaia, to give birth to Zeus in Crete, which was far removed from the eyes and, more importantly, the mouth of the child’s father. As had occurred before, after his child’s birth Cronus expected his infantile feast. However, Rhea was one step ahead of her husband and wrapped a stone from the mountainside in baby clothes. She handed it to Cronus who unduly consumed the stone, believing it to be Zeus. There the story remains until Zeus grows up and becomes a strong man.

Like Father, Like Son. As was his father, Cronus was cruel. In addition to what he did to his children he had imprisoned his younger brothers Cyclopes and Hecatoncheires in Tartarus. Again, as his father had once done, Zeus sought to deal with his father. An admirer of his, Metis, prepared a vomiting potion and, by Zeus’ disguising himself as a servant, sneakily poured the potion into his father’s wine, which Cronus drank. After a brief while Cronus vomited the stone followed by the regurgitation of Zeus’ five siblings. Zeus also freed his imprisoned uncles the Cyclopes and Hecatoncheires from Tartarus for which, naturally, they were grateful and loyal to him.

Again, Like Father, Like Son (not to mention that Zeus – with his extramarital affairs – also married his sister, Hera). As had Cronus, the youngest of the Titans at the time, Zeus, the youngest of his family, became the Chief among the rulers of the new world. He created a place at Mount Olympus in Olympia for the gods, whom he named Olympians, to reside at. The twelve Great Gods of the Olympians were from, at any one time (Roman equivalent in brackets), Zeus (Jupiter) – King of the Gods, Sky, Thunder and Lightening; Aphrodite (Venus) – Goddess of Love and Beauty; Apollo (Apollo) Ares (Mars) – God of War; Artemis (Diana) – Moon and Hunting; Athena (Minerva) – Goddess of War; Demeter (Ceres) – Harvest; Dionysus (Bacchus) – Wine; Hades (Pluto) – Underworld; Hephaestus (Vulcan) – Fire and Metalworking; Hera (Juno) – Queen of the Gods, Marriage and Childbirth; Hermes (Mercury) – Trade; Poseidon (Neptune) – Sea; and, occasionally, Hestia (Vesta) – Architecture, Family, Hearth and State.

Putting aside Rhea, understandably, the Titans supported by Cronus was unhappy by Zeus’ coup and were envious of the Olympians. There ensued a decade long war (Incidentally, the same duration as the Trojan War!) between the Titans and the Olympians – to term Clash of the Titans has been somewhat confusing! Grateful for their release by Zeus, the Cyclopes and Hecatoncheires sided with their nephew against their siblings. It was a bloody battle but, despite Lapitus’ son, Atlas’ (a Titan in his own right), gallantry (or foolhardiness) in leading the Titans to war, if the prophecy were to be fulfilled, there could be only one winner, ultimately, and that was Zeus! So it was prophesied and so it was done.

For Atlas’ part, he was punished by his having to bear the weight of the Heavens on his shoulder. As the legal concept of spent convictions had not yet been conceived at that time, as seen by many ancient and modern sculptures and paintings alike, that sentence holds firm even today!

Ryan Clement, LLM, BA, BSc, FRSA barrister

https://www.youtube.com/@RyanClement1

The Power of Speech

Powerful speeches are timeless and can be listened to over and over again without wear, erosion, boredom or losing relevance. They transcend over many, too many to mention. In my view, no consideration would be complete without Dr King’s famous “I Have a Dream” speech.

It is one of those speeches that moves you on multiple levels and speaks to us all. It does something that many good speeches cannot. Its literary content is as good in print as it is delivered by its author’s powerful oratory. Some speeches catapult some to heights never experienced by many (or any) before: The Speech that Made Obama President. And, yet, some statements are simply memorable no matter how brief. For example, how many of us can recall what Neil Armstrong said either side of his famous “It’s one small step for man. One giant step for Mankind” or the same for John F. Kennedy’s famous, “Ask not what your country can do for you – ask what you can do for your country“? I doubt many.

The most powerful of speeches have been known to move the most hardened amongst us to tears. It is a skill that so few possess (Nelson Mandela, Mahatma Gandhi etc) and so many admire. It brings that age old question to the fore of nature v nurture. Are these orators born or made? I say both! For sure, repetition has its place. Tony Blair, known as a powerful orator (an art I experienced personally when I attended a speech he gave one evening before he became Prime Minister), used the advocatory tool – state thrice – emphatically with his “Education! Education! Education!” or devastatingly with his “Weak! Weak! Weak!” attack on the then Prime Minister, John Major MP.

Our TV and silver screens are full of courtroom dramas and the skilled advocate who makes the difference between a guilty and not guilty verdict. However, long before I was Called to the Bar I recall being moved by the power of persuasion – albeit Hollywood’s take – by Henry Fonda, the juror, in 12 Angry Men. That was not before a large audience (only before 11 ‘angry’ men) but he made a difference to one person’s life (death sentence for a guilty verdict!). That made Fonda’s perseverance and reasoning (tools well known in advocacy) worthwhile. It is being prepared to be a minority voice, if necessary, to advocate with reason and force.

Amongst many others in many languages and for many reasons – political and non-political – these well known statements and speeches will undoubtedly remain with us for as long as the art of oratory and advocacy has the ability to continue to move, persuade and be admired by us.

Ryan Clement, LLM, BA, BSc, FRSA barrister

https://www.youtube.com/@RyanClement1

Called to the Bar

28 Years ago on 10 October 1996 I was Called to the Bar of England & Wales. I remember the day as if it were only yesterday. I made my way to Chancery Lane, in London, to collect my wig and gown for the day’s event. Many would be barrister, alone or accompanied by family, loved ones and friends, were doing the same. Later that day, I drove into town with my mother and soulmate, Sue, to be Called. Sadly, both are no longer with us in person but are in spirit.

Many of my Learned Friends have photographs of their big day. Mine went further. On that day, the BBC was making a documentary about barristers and, ‘the oldest legal profession, the Bar!’ A friend of mine taped the programme when it was aired. It wasn’t quite my 15 minutes of fame; nearer 5 seconds, but it has nevertheless been captured forever!

Ryan Clement, barrister on 10 October 1996

Ryan Clement, LLM, BA, BSc, FRSA barrister

https://www.youtube.com/@RyanClement1

To be called, ‘inspirational,’ to anyone is an absolute honour! In fact, to be called inspirational is an inspiration in itself!🙏🏽

Pourquoi j’aime lire des livres

Ryan Clement

WHO doesn’t like a good read? To each her/his/their/its own. It’s personal. For me, I like, nay, love a book that transcends me to a place beyond the surface of the plot alone or has an underlying theme that gets me thinking further about a subject matter or challenges a thought I possess or once possessed. Although mathematics was my first love, for which I gained a distinction in later years, I recall frequently writing stories at school just for fun. Even later in life I did a creative writing course, a screenwriting course and, later still, a BA in English Literature. I liked most of the books on my degree and loved some. It felt great studying The Color Purple, with which I was already familiar, because Alice Walker was and is one of my favourite authors; I have read all her work and had the pleasure of seeing her both in London and Edinburgh. She sits amongst some of my other favourites, Toni Morrison (whom I also met), Dr Maya Angelou (whom I regret never meeting despite my grave attempts, twice!), Richard Wright, James Baldwin and more.

The earliest influence on me was The Greatest – My Own Story – by Muhammed Ali. I read this book when I was in Primary School and was mesmerised. It exposed me to a world – or, rather, people in the world – that showed the good, the bad and the indifferent. It began to open my eyes. As years went by, I read many books that I could either relate to at the time or would later. Toni Morrison’s The Bluest Eye, being one of these. I was brought up at a time when beauty and beautiful were not used in association with or about people with whom I shared a particular characteristic. The Bluest Eye reminded me of what some people were trying to become. I can still see those skin lightening creams in my mind’s eye as I now write. In those days, beauty was not truly in the eyes of the beholder but in the constructive eyes of the society in which I lived.

I love biographies and have read too many to mention. I read Alex Haley’s Roots at a very young age. I read it over the space of a week. I put it down occasionally to take in the cruelty against humanity about which I was reading. It was a lot for my young fertile mind to take in and digest. I have never seen the television series – either of them – and so it shall remain. It would be remiss of me not to mention Long Walk to Freedom, the autography of Nelson Mandela. This book had an effect on me on many levels. It was a world that was so far removed from my own and yet spoke to me in a language I thought I understood. The strength of Mr Mandela is a beacon for us all. Of recent times, Barack Obama’s Dreams From My Father and The Audacity of Hope were books I read over two weekends. However, a book I read in one sitting over one weekend was, Michelle Obama’s Becoming. What a read! What a book! Brilliant!

I read a lot for my professional work, so I rarely get the time to read for leisure. However, three books in particular moved and enlightened me last and earlier this year. In no particular order. First is Isabel Wilkerson’s Caste. There is a story behind this. My then 13-year old son bought me this book for my birthday. I knew I would read it someday but did not do so until I heard Edward Enninful – he, of many accomplishments, including the editor of Vogue – claimed, on the BBC’s Desert Island Discs, that it would be the one book he would select were he to be a castaway on a desert island. So, that very said Sunday, I started to read it. What a powerful book. I once wrote a short note about why, as a relatively educated professional with many degrees and post-grads, I was still playing catch-up on my ancestor’s history? I knew more about 1066 than what took place around 1526 or colonisation. Caste tackles big issues about which I am still learning. Another book that opened my mind’s eye recently was Sathnam Sanghera’s Empireland. I read this on the back of Caste. In my view, the two complemented each other because it was filling in the gaps in my real education. How learned are you when you have no knowledge of your own ancestry? In some ways, Ralph Ellison’s The Invisible Man springs to mind. When I was researching for a book, I read plenty on genetics and sought to discover how different we truly are, biologically. I wanted to make sure that I had my facts right before making any profound statements in print. I concluded, which wasn’t very profound at all, that there was one human race, period. A book that I enjoyed was Yuval Noah Harari’s Sapiens: A Brief History of Mankind. I mention this book because it links to the last book I finished recently.

Recently, I had the pleasure of meeting a very dear friend of mine, Tanja, for dinner in London. We spoke about the arts, politics, history and books, to name a few. Ashamedly, as well as eating my own meal of monkfish and a dessert of Knickerblocker Glory, I could not resist sampling some of her sea bass and dessert of Fig and Pistachio Feuilleté. I apologised to her husband, also a very dear friend of mine, profusely on the mobile for doing so and offered to pay for the fast food she would undoubtedly have cause to consume when we part. However, before we did that, she recommended, highly, that I read Viola Davis’ biography, Finding Me, and texted me the link so that I wouldn’t forget. OMG! What a read! I read it one sitting. It is brutally honest and at times, many times, unbearably painful. But it is a page-turner. It’s deep! Sometimes you read a biography and you question how much is real. After all, unless you set out to write your life’s story at the age of 5, how can you recall so much. When a successful person says, ‘I always knew from the age of X that I would make it,’ I question the authenticity without corroborative evidence to support such a bold and ambitious statement. But her biography grips you. It feels real. You are on a journey with the good, the not so good with warts and all, and the downright horrible. For me, it made me love her and her artistic work even more than I did before I read it. When I think of how tough some times have been, I shall simply think of her journey to become the bright star she is today. She is a true inspiration to us all. Thank you for the recommendation!

Oh, finally, the link. After this, my dear friend recommended another book to me, but thought I may already have read it. She was right, I had. It was Sapiens. There is one race, the Human Race, being that to which we all belong and of which we are all a member!

Ryan Clement, LLM, BA, BSc, FRSA barrister

https://www.youtube.com/@RyanClement1

Mental Health Awareness blog video 1

Ryan Clement

TODAY’s blog is unusual. I say this because it is not so much a blog in the ordinary sense but one that does little more than introduce my latest video. I would not normally use this platform for a video premier, but there is a link. This video is the visual form of the first three of six blogs I wrote for Mental Health Awareness Week 2023, which were so well received, I was asked to produce a video. However, rather than make a video afresh, I read and recorded the blogs – warts and all, but I still managed to record them in just one sitting whilst doing the day job, which also entails a lot of talking!

Part 1 of 2 contains readings of:

Mental Health Awareness Week 2023

Mental Health Awareness

Knowledge

I would like to think that the two videos are educational both to the not-yet-informed and the informed. Feel free to share the link and or this blog to family and friends; HR, Human Resources and Managers; colleagues, employers and employees.

Part 2 of 2 will be published next week.

Enjoy!

Ryan Clement, LLM, BA, BSc, Barrister

Mental Health Awareness Week

Unveiling the Reality: Disability and Employment in Equal Opportunities

Navigating Employment and Anxiety: The Importance of Supportive Practices

https://www.youtube.com/@RyanClement1

Help OUR Children Prepare for Their Exams!

Ryan Clement

That was the week that was! In association with Black Wall St. Media, I wrote a series of articles for Mental Health Awareness Week 2023 in the U.K. (see blogs Mental Health Awareness Week 2023 (BWSM); Mental Health Awareness (Day 1) (BWSM); Knowledge (Day 2) (BWSM); Discrimination (Day 3 (BWSM); Provision, Criterion or Practice (Day 4) (BWSM); and Remedy (Day 5) (BWSM). These articles were written to be both educational and to live way beyond the commemorative week itself. Speaking of ‘educational.’ Over the past two weeks my son has been preparing for and sitting his exams. These exams have been in preparation for the main GCSEs event that commences in September this year. He can’t wait!

In some ways, the chosen theme for MHAW 2023, anxiety, is connected. I am not saying that his temporary bout of anxiousness over his exams compares to some of the experiences openly shared within the articles. But I am and was aware of a certain level of anxiousness on display that I don’t recall experiencing when I was his age – admittedly that was a long time ago and the passage of time may have been very kind to my undoubtedly faded recollection. However, for certain, there are competing external pressures that simply were not there when I was growing up: mobile phones; Xbox; PS whatever number it is (I’ve lost count!); Fortnite; Roblox etc. I had a Spectrum and a Gameboy, which enabled me to play tennis that you could play for many hours, if you wished (I didn’t), with a slow-moving square tennis ball that refused to respond in any way to my heavy top spins and still not score a single point unless you left it playing by itself – it was that slow! Space Invaders and Pac Man. That’s it! These weren’t addictive enough, not even close, to prevent me from wanting me to socialise with my friends ‘in person,’ rather than the current trend of my son’s peers where the dominant form of communication between them is ‘online.’ On reflection, the limit of my technological distractions probably encouraged me to socialise in person more than be preoccupied with gadgets a few inches – ok, a few centimetres – away from my face. Remember, I am also speaking of pre-World Wide Web. Yes, I explain to my son, there was once a time! The puzzled look on his face at this revelation is a joy to witness. Thank you, Mr. Berners-Lee.

I adopt the sound advice contained in the article, ‘Help Your Child the Night Before Exams.’ It was the author of that article that suggested that I write this piece. Thank you. My son’s mother is a teacher. She leads the discussion with our son on the study plan and we all seek to implement it. I would not be telling The Truth, The Whole Truth and Nothing But The Truth if I were to say it is as simple as that. No, we don’t just pin the plan on his room’s notice board and leave him solely to it. Oh no! That would not work. As the author wrote, which Mr. Mandela himself used, “Vision without action is merely a dream. Action without vision is merely passing time. But vision with action can change the world.” Ok, it’s not quite on point but it’s so good a quote, I adopt it in part and leave it to the reader to tease out the relevant parts that apply to this article. No, we have to check that the plan is being executed and monitor progress against it. Remember, we are competing with the said modern technological gadgets to which I have already referred. I get it! But we know how tough it is with a reasonable level of formal education let alone without. Trust me, even though our son is the product of parents with a number of degrees and postgraduate qualifications that cannot be counted on the fingers of one hand, hard work still needs to be done. Humans are not like racehorses. Nurture dominates Nature – Oops, have I just opened an age-old debate?

Personally, I had no pressure from my parents when it came to studying. I can say the same for our son’s mother. Our parents created the environment in which to grow, create, develop and learn. We were left to do the rest. There was also the appreciation of how hard they worked. In my book, Like Father, Like Son, I wrote a piece about Rupert’s mother’s many jobs. This part was both easy and hard for me because I simply based that part on my own mother, whose anniversary of leaving us (in person) is soon to dawn upon us. To some, nay, a large degree that made me hungry or hungrier to do well as a small token of a return for her hard work. Of course, we can never fully repay our parents or guardians for the many sacrifices they make for us unconditionally. I mention this because we are potentially dealing with different dynamics in our children’s case. As for our son, he sees mother planning for class, marking, reading almost everyday! He sees father, prepping for trial, reading, writing opinions almost everyday! Do these alone conjure and stir up the same level of inspiration that motivated and drove both parents? Answers on a postcard, please. Like I said, I believe there are many more external pressures on our children’s lives today with which to compete. Notwithstanding all that, however, I am a firm believer that we are all stakeholders in the formal education of ‘our’ children whether biological parents or not. The very least, therefore, we owe to them is to prepare and help them during the many days and nights before their exams to enable them to perform to the best of their natured and nurtured abilities.

Ryan Clement, LLM, BA, BSc, Barrister

https://www.youtube.com/@RyanClement1

Remedy

Ryan Clement

TODAY is day five of Mental Health Awareness Week in the U.K. and, as you know, the theme is anxiety. It is also the last, the shortest and final blog in this series from me. But it will not be the last that I shall be writing on the importance of mental health awareness in general.

I have chosen the title, ‘remedy,’ as the final in the series. I would have preferred to have used this title in the ‘cure’ sense. Unfortunately, that is way beyond me. If a disabled employee feels they have been discriminated against by their employer, they should raise a grievance in accordance with the company handbook.

Grievance in the Workplace

However, they also have the right to commence proceedings within 3 months less 1 day (notify ACAS) in the employment tribunal. I should pause there. For ease of reference, I have deliberately been using employee/employer references throughout these blogs, as in an employee under a contract of employment. However, ‘employment’ is defined under the Equality Act 2010 as meaning, ‘employment under a contract of employment, a contract of apprenticeship or a contract personally to do work.’ Therefore, you can see that it is wider than just an employee/employer relationship under a contract of employment. In other words, for example, if a worker is contracted, ‘personally to do work,’ subject to some restrictions, they have a right to bring a claim under the Equality Act 2010. This is not to be confused with a claim for unfair dismissal under the Employment Rights Act 1996, which can only be brought by an employee.

Vento Guidelines

If an employer is found to have discriminated against a worker, they will be liable not only for actual financial losses suffered by the victim due to the unlawful discriminatory act, but also an award for their hurt feelings, referred to as injury to feelings. The last is calculated in relation to judicial guidelines referred to as the Vento Guidelines. At the time of writing, the current guidelines are: In respect of claims presented on or after 6 April 2023, the “Vento bands” shall be as follows: a lower band of £1,100 to £11,200 (less serious cases); a middle band of £11,200 to £33,700 (cases that do not merit an award in the upper band); and an upper band of £33,700 to £56,200 (the most serious cases), with the most exceptional cases capable of exceeding £56,200. Compensation is uncapped. However, an award for indirect discrimination, for obvious reasons, if it was unintentional – see Provision, Criterion or Practice (Day 4) – will attract a lower compensation than, say, for example, an award for direct disability discrimination. In addition to compensation the tribunal can make a declaration that the employer discriminated against the worker and, in some circumstances, make recommendations. Finally, awards attract interest from a point determined by the tribunal. Now, to wind down.

Anxiety

My poem

won’t do

what I

want it to.

I chew my

pen, my

nails, my

lip

and resort

to the key-

board.

No change.

Words seem

to have

lives

of their own.

They’re off

to have

adventures,

without me,

they don’t

care

about

poetry.

Yet,

they’ve

guided me

here,

to a

wordingfount,

where poems

are found.

Kim M. Russell, 21st April 2023

Finally, I am grateful to MJ who was mentioned in Day 1 (Mental Health Awareness) and MagCat who was mentioned in Day 2 (Knowledge) for sharing their very personal experiences, which are, I know, ones experienced/shared by many. I thank the busy HR professional from a multinational company who was also mentioned in Day 2 (Knowledge) and who gave us her advice on what to do if a colleague discloses that they are suffering from anxiety. I thank Mental Health First Aid and Wellbeing Trainer, Esther Thomas, who was mentioned in Day 3 (Discrimination) for sharing her top tips for coping with anxiety – BEST ME. Day 4 (Provision, Criterion or Practice) was written late from my hotel room in Leeds after I finished my preparation for court today. I published the blog and then emailed it late to Black Wall St. Media (BWSM), only to find that they published it by the time I woke up this morning. I am grateful to BWSM who has worked tirelessly on this series and, without any question of doubt, has helped spread this very important subject matter to a wider audience. I thank Kim for giving me permission to reproduce her poem, ‘Anxiety,’ in this blog, Day 5.

Finally, I am the author of Race Relations in Employment Law – Put Simply in Black and White (Paperback) (KINDLE) and shall continue to write for the causes!

Ryan Clement, LLM, BA, BSc, Barrister

https://www.youtube.com/@RyanClement1

Mental Health Awareness Week 2023 (BWSM)

Mental Health Awareness (Day 1) (BWSM)

Knowledge (Day 2) (BWSM)

Discrimination (Day 3) (BWSM)

Provision, Criterion or Practice (Day 4) (BWSM)

Vento Guidelines

Black Wall St. Media (BWSM )

MagCat’s blog

Kim M. Russell’s website

What to do if a colleague suffers from anxiety

Esther Thomas YouTube

Provision, Criterion or Practice

Ryan Clement

TODAY is Day four of Mental Health Awareness Week in the U.K. and for which the theme is anxiety.

Indirect discrimination and the first requirement on an employer to make reasonable adjustments are based on the employer applying PCPs – provision, criterion or practice – and their effect(s). However, before we look at PCPs, let us remind ourselves of what makes a person disabled under s.6 of the Equality Act 2010: A person has a disability if— (a) they have a physical or mental impairment, and (b) the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. So, we have (1) an impairment that has (2) a substantial and long-term adverse effect on (3) the applicant’s/employee’s ability to carry out normal day-to-day activities. For our purposes, our employee friend suffers from anxiety, which is their impairment. I pause here for a moment. Normally, the impairment would be enough for a person to be medically disabled. However,(2) and (3) must be fulfilled for there to be a statutory disability under s.6. In other words, the medical and statutory disabilities do not necessarily marry!

So, what would be deemed, ‘substantial and long-term?’ Substantial means more than minor or trivial and the effect of an impairment is long-term if—(a) it has lasted for at least 12 months, (b) it is likely to last for at least 12 months, or (c) it is likely to last for the rest of the life of the person affected.

Meaning of ‘normal day-to-day activities’

“In general, day-to-day activities are things people do on a regular or daily basis, and examples include shopping, reading and writing, having a conversation or using the telephone, watching television, getting washed and dressed, preparing and eating food, carrying out household tasks, walking and travelling by various forms of transport, and taking part in social activities. Normal day-to-day activities can include general work-related activities, and study and education- related activities, such as interacting with colleagues, following instructions, using a computer, driving, carrying out interviews, preparing written documents, and keeping to a timetable or a shift pattern.” See the blog, ‘Don’t forget your normal day to day activities.‘

Therefore, generally speaking, the concept of disability under the 2010 Act is based primarily on cause and effect (and the extent/degree of that effect). So, we could say our friend is disabled because they suffer from anxiety, which, in their case, has lasted for at least 12 months and has a substantial effect on their carrying out the shopping, reading and writing etc.

Indirect discrimination – s.19 Equality Act 2010

(1) An employer discriminates against an employee if it applies to the employee a PCP that is discriminatory in relation to the employee’s disability. A PCP is discriminatory in relation to the employee’s disability if—(a) the employer applies, or would apply, it to non-disabled people, (b) it puts, or would put, disabled employees at a particular disadvantage when compared with those who are not disabled, (c) it puts, or would put, the disabled employee at that disadvantage, and (d) the employer cannot show the PCP to be a proportionate means of achieving a legitimate aim. Therefore, what appears to be a harmless PCP on the face it, when applied equally to all may, nevertheless, put a disabled employee at a particular disadvantage when implemented. In other words, by the employer treating staff the same by applying the same PCP to all staff, it inadvertently puts disabled staff at a particular disadvantage. And, unless it can show that applying the PCP is a proportionate means of achieving a legitimate aim, it would have acted unlawfully. So, unlike with direct discrimination where the employer treats the employee less favourably than a non-disabled person because of disability, indirect discrimination does not deliberately target the disabled employee, the unlawful discriminatory act arises in consequence of the application of the PCPs.

Duty to make adjustments – s.20 (3) Equality Act 2010

Where a PCP of the employer puts a disabled person at a substantial disadvantage in relation to deciding to whom to offer employment or someone already employed by the employer in comparison with persons who are not disabled, the employer is to take such steps as it is reasonable to have to take to avoid the disadvantage. It should be noted that the employer is only to take such steps, “as it is reasonable to have to take to avoid the disadvantage.” Put simply, therefore, if what might be demanded by an applicant/employee is found to be unreasonable then the employer would not have failed in its duty to make reasonable adjustments in the circumstances.

FINALLY, unlike with, for example, compensation for unfair dismissal, compensation for unlawfully discriminating against an applicant/employee is uncapped. Tomorrow’s fifth and final blog for Mental Health Awareness Week 2023 is titled, ‘remedy.’

Ryan Clement, LLM, BA, BSc, Barrister

https://www.youtube.com/@RyanClement1