Publications available on this website provide general information only and do not constitute legal advice. See Legal Notices for further information.

  • 07.Dec.2005
    A New Definition of Disability - the Discrimination Act 2005

    Many important amendments to the Disability Discrimination Act 1995
    (the "Act") will be brought in to force on 5 December 2005 by the
    Disability Discrimination Act 2005. Significantly, the amendments to
    the Act include the extension of the definition of disability to cover
    cases of HIV, cancer and MS from the point of diagnosis and include
    also the removal of the requirement that mental illness requires to be
    "clinically well recognised".

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  • 01.Dec.2005
    Business rates cut for Scotland

    The Scottish Parliament has set out a concrete timetable for business rates to be cut in Scotland to the level of those in England by April 2007 in a bid to boost competitiveness.

    Finance Minister, Tom McCabe, confirmed the timetable for this equalisation in a statement to the Scottish Parliament on 6 October 2005, outlining plans to stagger its implementation.

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  • 01.Dec.2005
    "Joint and several" warranties in our investment agreement

    The term "joint and several" basis means that any of the parties involved could be sued for the full amount if a warranty claim arises.

    Management teams often come under pressure from equity investors to give warranties under an investment agreement on such a basis. Whether the team accepts it really depends on the bargaining position of the parties.

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  • 30.Nov.2005
    VoIP: revolution and regulation

    Internet telephones are set to take the global communications industry by storm. Big names like Microsoft, AOL, Yahoo! and eBay are piling into the market and former state-run telecoms providers like BT are also investing.

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  • 29.Nov.2005
    Simplification of procedures for registration and creation of Floating Charges

    The issues

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  • 18.Nov.2005
    Refusal to sign unreasonable restrictive covenants

    In the recent case of Willow Oak Development t/a Windsor Recruitment v Silverwood the EAT held that dismissal for refusing to sign new restrictive covenants could be a potentially fair for some other substantial reason (SOSR), notwithstanding that the covenants were unreasonably wide and potentially unenforceable.

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  • 04.Nov.2005
    Suspending an employee could be constructive dismissal

    In the recent case of Milne v The Link Asset and Security Company
    Limited, the Employment Appeal Tribunal (EAT) provided some
    clarification as to when suspension of an employee can amount to a
    fundamental breach of contract by the employer.

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  • 04.Nov.2005
    "Fattism" - the "hidden" discrimination

    A recent survey conducted by Personnel Today of over 2,000 HR
    professionals in the United Kingdom has revealed that "fattism" is
    manifested in the workplace. Of those interviewed, 12% believe that
    obese workers should not be in client-facing roles, 30% consider that
    obesity is a valid medical reason for not employing a person and 11%
    think dismissal by reason of obesity is a fair dismissal. Perhaps most
    alarmingly, a massive 93% of those interviewed, when faced with two
    identical candidates of different weights, would employ the "normal

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  • 07.Oct.2005
    Managing Sickness Absence - the dos and don'ts

    With flu season underway employers will want to take the most appropriate and cost-effective approach to managing short-term sickness absence.  The statistics speak for themselves: 80% of sickness related absences are short-term sickness and it costs the UK economy £10-12 billion annually.  Whilst employers will not be able to control some illnesses, effecting a positive policy that addresses sickness absence can be very beneficial in reducing absence levels.

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  • 05.Oct.2005
    Offshore workers - Working Time Regulations

    Offshore workers and their holiday rights are a hot topic in the oil and gas industries. Those of you who read  our firm's employment e-bulletin updates  will be aware that the Aberdeen employment tribunal is currently dealing with a case concerning the holiday rights of offshore workers.  Offshore employers have recently announced that they are to appeal the employment tribunal's preliminary decision issued in July this year, which held that the Working Time Regulations could be applied to offshore workers. 

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