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Insights

The recent case of The Government Legal Service v Brookes [2017] UKEAT/0302/16 is a useful reminder of the issues that employers should consider when faced with job applicants who are disabled and who are requesting that adjustments are made to the application process to mitigate the disadvantage caused by their disability or arguing that the process is discriminatory.

When spouses separate and require financial resolution between them as a result, in Scotland they will be advised by family lawyers that they are entitled to fair division of the net matrimonial property.  In general terms matrimonial property includes all assets belonging to the parties individually or jointly which was acquired during the period of marriage and held as at the date of separation, less any debts similarly held by the parties individually or jointly as at that date, subject to a few exceptions.                                                                                                                                                                                                                                

With the general election just over two weeks away, we take a look at the potential impact on employment law.

An increasing awareness of data protection rights among employees means employers should carefully consider how they handle information requests from staff, with a wrong move potentially resulting in significant financial and reputational costs for the employer as well as significant diversion of time and resource.

The Burial and Cremation (Scotland) Act 2016 (‘2016 Act’) has now been on the statute books for one year. The Act provides a comprehensive and modern framework for funeral arrangements in Scotland.  This Insight takes a closer look at some of its key provisions.

The issue of whether a worker is to be regarded as carrying out “time work” and therefore entitled to the National Minimum wage  (“NMW”) for the full duration of their shift (even if they may be sleeping during this time) requires multiple factors to  be  taken into account.   If the worker is not carrying out such “time work” and is merely to be regarded as “available and required to be available … for the purposes of working”, then they will only be entitled to the NMW in relation to time when they are awake for the purpose of carrying out relevant duties.

“Intelligence is about being open minded”, the late, great Irish sports writer Con Houlihan once said.

Figures released this week by the Office for National Statistics (ONS) show the average working week in the UK continues to rise.

Chambers UK 2018

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