Disability discrimination and the duty to make reasonable adjustments An individual who is disabled for the purposes of section 6 of the Equality Act 2010 (EqA 2010) is protected against discrimination and other prohibited conduct relating to their disability. For further information about the protected characteristic of disability, see Practice Note: Disability. A failure to comply with the duty to make reasonable adjustments for disabled persons is a form of unlawful discrimination (EqA 2010, ss 20–21). A disabled person is also protected against direct and indirect discrimination, and discrimination arising from a disability (for further information, see Practice Note: Disability discrimination. The duty to make reasonable adjustments arises where a disabled person is put at a substantial disadvantage in relation to a ‘relevant matter’ in comparison with persons who are not disabled. A substantial disadvantage is one that is ‘more than minor or trivial’. Whether a claimant has

Provisions relating to an employee’s holiday entitlement, including entitlement to paid holiday for public holidays, and how holiday entitlement accrues, will usually be included the contract of employment (see for example, Precedent: Employment contract basic version (clause 7), and the accompanying drafting notes). The Working Time Regulations, SI 1998/1833 (WTR 1998) provide for a statutory minimum number of annual days’ paid holiday, and set out a formula for calculating the rate at which such holiday accrues during the first year of employment, should the employee’s contract not make provision for more favourable accrual arrangements. It will be relevant to determine when the employee’s leave year begins. Where the contract doesn’t stipulate this, WTR 1998, SI 1998/1833 provide that, in relation to statutory holiday entitlement, the leave year begins on the date on which the employee’s employment started (in the case of those first employed

Once a union has been recognised as having negotiating rights it gains access to additional statutory rights for itself, its members and its officials. One set of rights falling into this category include rights to time off work for trade union duties and activities. For further information, see, generally, Practice Note: Rights relating to activities involving unions. The statutory provisions on time off for trade union duties and activities are supplemented by an Acas: Code of Practice on Time Off for Trade Union Duties and Activities (January 2010) (Acas time off code), which gives practical guidance to employers and unions on making time off arrangements. Breach of the Code does not itself render a person liable to proceedings, but the Code represents a statement of what is considered

In relation to discrimination in the provision of goods, services and facilities under the Equality Act 2010 (EqA 2010), see generally Practice Note: Equality Act 2010—discrimination in the provision of goods, services and facilities. Proceedings must be brought in the County Court or, when against public authorities, a judicial review in the High Court (EqA 2010, ss 113, 114(1)(a)), generally within six months from the act or omission. There is, however, a broad power to extend time if it is ‘just and equitable’ to do so. See Practice Note: Equality Act 2010—discrimination in the provision of goods, services and facilities, in particular section: Equality Act 2010—discrimination in the provision of goods, services and facilities—Enforcement. The EHRC has issued a Statutory Code

As a matter of law, when the conditions in paragraph 7 of Schedule 10, Part 1 to Value Added Tax Act 1994 (VATA 1994) are satisfied, an option to tax has no effect. The key is that the conditions must be met, ie the property must be intended solely for a relevant charitable purpose (RCP) and not as an

The universe is all of space and time and their contents, including galaxies, stars, planets and all other forms of matter and energy. While there is no international law defining where the Earth’s atmosphere ends and space begins, the most common definition is the Kármán line at an altitude of 100 km above sea level. In other words, the line is set somewhere between where passenger aircrafts fly and the International Space Station orbits. The main body of international space law can be found in five international agreements, none of which contain express provisions dealing with intellectual property. Similarly, the (UN) Outer Space Treaty makes no mention, providing instead a number of general principles, including that: • the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind • outer space shall

Grant of probate in solemn form 'Wills can be proved in two ways: being in common form or in solemn form. A grant of probate, in whatever form it takes, is a judicial act, and becomes an order of the Court.' Petrovski v Nasev: Estate of Janakievska [2001] NSWSC 1275 (not reported by LexisNexis®) at [233]. A Will is proved in common form when there is no dispute about its validity. 'Non-contentious or common form probate business' is defined in section 128 of the Senior Courts Act 1981. The procedure is governed by the Non-Contentious Probate Rules 1987, SI 1987/2024. See Flowchart: Grant of probate/administration—flowchart. A Will is proved in solemn form further to a Court order when there is a dispute about it. The procedure is

Land charges searches One of the purposes of a land charges search is that it confirms if a seller is bankrupt. If the seller is bankrupt, title to the property automatically vests in its trustee in bankruptcy. If the search is clear, a buyer who acts in good faith and provides money or money’s worth will take free of any unregistered bankruptcy petition (Land Charges Act 1972, s 5(8) (LCA 1972)). See Practice Note: Pre-completion searches—Land charges search—unregistered land. LCA 1972, ss 11(5)–(6) gives the buyer a priority period of 15 working days, provided completion takes place before the expiry of the priority period. The official search certificate confirms the date of expiry. The protection of the priority period ensures that the applicant will take free of any entries made during the priority period (save for those entered pursuant to a priority notice entered on the register before

The claim is stayed Once a Part 36 offer has been accepted, the claim will be stayed (CPR 36.14(1)–(2)). If a Part 36 offer which relates to part only of the claim is accepted, the claim will be stayed as to that part upon the terms of the offer (CPR 36.14(3)). If court approval would be required to make any settlement binding, then any stay under CPR 36.14 will take effect only when such approval has been given (CPR 36.14(4)). A stay of the claim will not affect the powers of the court to enforce the terms of a Part 36 offer or to deal with any question of costs (including interest on costs) relating to the proceedings (CPR

Practice Note: Sponsoring a Skilled Worker outlines the type of certificate of sponsorship (CoS) needed depending on the application. The table below, extracted from the abovementioned Practice Note, confirms that an unrestricted CoS is required for a change of employment application (highlighted): Entry clearance, or leave to remain with current leave as a

It is perhaps not surprising that the ‘executors’ are not willing to give any names as it may be that they are considering not applying for a grant. In any event the contents of a Will are not in the public domain until a grant is made. In those circumstances it is very difficult to take or attempt to take proceedings until the grant is made. A standing search would provide the necessary information at which point names and addresses will be available and proceedings can be commenced. The

Personal data that is subject to a duty of client confidentiality or contained within communications that are considered to be legally privileged may be exempt from disclosure, but not all internal communications will necessarily be subject to legal professional privilege. Individuals (including clients) have a right of access to personal data your firm holds, including: • confirmation that you are processing their personal data • a copy of their personal data, and • other supplementary information, largely of the sort that would be contained in a privacy notice Where the access request is ‘manifestly unfounded’ or excessive, you can charge a reasonable fee taking into account the cost of administration or alternatively refuse to respond. However, it would be up to you to prove that