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In the case of DL Insurance Ltd v Mrs O’Connor, the Employment Appeal Tribunal (EAT) concluded that a disabled employee who was disciplined for over 60 days’ absence over a 12-month period had been subject to discrimination. The outcome has potentially major implications for employers and their ability to apply absence management procedures to disabled employees.

We tend to accept that sales people can occasionally use jargon to promote their product or service, and estate agents may do just that to make their properties attractive to prospective buyers. While there are rules in place to prevent misleading customers, and many descriptions are genuine, it’s important for buyers to exercise a degree of caution to ensure the description used isn’t open to interpretation..

According to the latest report on wealth in Scotland, today’s young people are more reliant on inheritances, rather than earnings, to determine their living standards and wealth. This may prompt parents and grandparents to consider making a financial gift during their lifetime, rather than after.

Immigration has remained one of the “hot topics” dominating the news in recent weeks. Theresa May came under considerable pressure earlier this month after media reports that 100 Indian doctors had had their applications for Tier 2 work visas refused due to the cap on immigration put in place in 2011. Up to 40% of the annual quota for Tier 2 visas are issued to NHS employees, but the service still struggles to recruit and maintain sufficient staffing levels to deal with requirements.

Latest reports suggest that the city’s economy is gradually rebounding from the effects of the recent downturn in the oil and gas industry. This is evidenced in a study by The UK Power House which places Aberdeen as the best performing city economy in Scotland, with the fifth best rate of growth in the UK. At the beginning of the year Aberdeen was also voted as the best location to launch a start-up business in the whole of UK.

As the city’s business owners continue to work hard to build high value businesses and adapt and diversify to place them in a stronger position post downturn, it makes sense to plan for business succession for future generations.

 

Following the introduction of the GDPR and the Data Protection Act 2018, one of the changes that has often been overlooked by employers has been the impact on the provision of references. Providing a reference about an employee to a prospective employer, will generally involve the disclosure and therefore the processing of personal data and so will accordingly need to be compliant with data protection law.

The concept of “discrimination arising from disability” was introduced by Equality Act 2010. It replaced the former concept of “disability-related discrimination”, which had become very difficult for claimants to establish due to a decision by the House of Lords which altered the way in which comparators in such cases were viewed. The Government felt that it needed to reduce the burden on claimants by making it easier for them to establish a case where they had experienced detrimental treatment because of their disability.

Economic conditions are improving for many employers, with confidence rising amid signs of recovery in the energy industry – that could in turn lead to an increase in the use of employee share schemes and other forms of employee incentivisation.

Chambers UK 2018

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