This edition of Employment weekly highlights includes: (1) an EAT judgment opining that an autism or ADHD diagnosis is not just a label (ie an impairment); it is also a relevant factor when considering substantial adverse effect for disability discrimination purposes, (2) an EAT ruling upholding a tribunal’s finding that a failure to provide a mask during COVID-19 did not breach the duty to make reasonable adjustments, (3) news that the Data (Use and Access) Bill has received Royal Assent, (4) an EAT ruling clarifying that time spent in the early conciliation process prior to the start of the limitation period cannot be added on to extend time, (5) the latest employment tribunal statistics from the Ministry of Justice, (6) an EAT judgment confirming that the ET had jurisdiction to hear discrimination claims against non-UK-domiciled respondents, (7) dates for your diary, and (8) other news items of interest to employment practitioners.
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What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
Glossary—Latin legal termsDespite attempts in recent years to simplify the language used in legal cases, there are still a number of Latin phrases commonly used in personal injury claims. The following Latin phrases are listed in alphabetical order:Latin
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