Season 5, Episode 4: This is our “listen and learn” season of podcasts. The ELiYP team tell a story, week by week, about a situation which the team has encountered. The team then discuss the law relating to that situation. One story told week by week.
Simon and Jack discuss Bruce’s circumstances. Bruce has requested an adjournment of the disciplinary hearing. Ms Potts, the employer’s HR Manager, allows Bruce’s request and tells Bruce that the meeting will instead take place the following week. The day before the adjourned hearing, Bruce submits a fit note, stating that he has sore fists and is unable to attend the meeting. The meeting takes place in his absence and Bruce is dismissed.
Does Bruce have a claim against his employer? Does “sore fists” amount to a “disability” under the Equality Act 2010? Simon and Jack discuss the statutory defence to claims of disability discrimination and boast about their recent wins for their employer clients where they have successfully resisted claims of disability discrimination. But bear in mind, boys, that “root and branch attack” does not mean what you suggest in the podcast. Instead, its derivation is from the Root and Branch Bill 1640.
And if you listen until the end, Bruce’s true identity becomes apparent. But don’t make him angry. You wouldn’t like him when he’s angry…
The Blackadders Employment Team
Winners of the Scottish Legal Awards 2019 ‘Employment Team of the Year’ Award and finalists of the ‘Legal Technology Award’.
Simon Allison -Winner of the ‘Lawyer of the Year Award’ at the 2018 Scottish Legal Awards
The opinions expressed in this site are of the author(s) only and do not necessarily represent the opinions of Blackadders LLP.
Blackadders takes all reasonable steps to ensure that the content of this site is accurate and up to date. The site is not, however, intended as a substitute for seeking legal or other professional advice but rather as an informative guide to the services provided by Blackadders and topical legal developments. Site visitors should always seek advice tailored to their specific situation. Consequently, Blackadders accepts no responsibility for any loss or damage suffered by anyone acting or failing to act on the basis of information contained on this site. Downloading of material contained on this site is at the user’s own risk and all necessary virus checks must first be carried out by the user. Blackadders is not responsible for the material found on any web sites linked to this one and links to this site may only be made with Blackadders prior consent.
Blackadders owns the copyright in this blog and all material contained on it. The material on this site may be downloaded for personal use only and must not be altered. Otherwise, Blackadders’ written consent is required before any material on this site is reproduced, copied or transmitted in any way.
Information passed to us via this site is kept confidential and will not be disclosed to third parties except if authorised by you or required by law.
© Blackadders LLP 2022
Members of the Law Society of Scotland.
Blackadders Solicitors is a trading name of Blackadders LLP, a limited liability partnership, registered in Scotland No SO301600 whose registered office is 30 & 34 Reform Street, Dundee, DD1 1RJ. Reference to a ‘partner’ is to a member of Blackadders LLP.