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Insights

Section 15 of The Equality Act 2010, provides that it will be unlawful discrimination for a disabled person to be treated unfavourably because of something arising in consequence of their disability unless it can be proven that the treatment is a proportionate means of achieving a legitimate aim.  The question of how to approach the fundamental issue of causation inherent in the statutory test is one that can throw up fairly complex and profound issues that even experts in metaphysics might struggle with.

Many people are reluctant to put in place a Will.  Some feel they are too young and do not wish to consider making a Will until later in life or they become seriously ill.  Others feel they have insufficient assets or are comfortable that their family will follow their instructions.   Regardless of your age or how modest or straightforward you think your estate is, we recommend all our clients put Wills in place.

A row has broken out between construction firm Mears Group and trade union Unite over a ban on beards. The beard ban will be hugely controversial amongst many a man. The facial hair resurgence in recent years has been insuppressible; from designer stubble to the full on hipster mountain-man beard, a fuzzy face has become a common look. Of course everyone can agree that beards are a good look (I’m completely impartial, can you tell?)…

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.

Chambers UK 2106

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