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
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