The following Employment Q&A provides comprehensive and up to date legal information covering:
It is likely that consideration will need to be given, in these circumstances, to the employer’s duty to make reasonable adjustments, and the possibility of a claim for discrimination arising from a disability.
In relation to the duty to make reasonable adjustments, where a provision, criterion or practice (PCP) applied by the employer places a person who has a disability (as defined by section 6 of the Equality Act 2010 (EqA 2010)) at a substantial disadvantage compared with persons who are not disabled, then the employer is under a duty to take such steps as it is reasonable to have to take to avoid the disadvantage. A failure to comply with the duty to make reasonable adjustments constitutes discrimination.
The application of performance criteria and methods for assessing performance in the context of a salary review are likely to amount to a PCP, which means that in relation to the performance appraisal process and the criteria for determining an employee’s performance rating for salary review purposes, the employer may have to consider whether it is under a duty to make reasonable adjustments, and if so, what steps would be reasonable to have to take.
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Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period.As explained below, practical completion is an
This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
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