Employment and business law bulletin - October 2018

When is an employer on notice that an employee has a disability?
An employee has a disability under employment law legislation where they have a physical or mental impairment, which has a substantial and long-term adverse effect (i.e. that has lasted at least 12 months, or is likely to do so) on their ability to carry out normal day-to-day activities. Where an individual meets the definition of disability, the employer has a duty to make reasonable adjustments to enable him or her to overcome disadvantages in the workplace.

An employer cannot be liable for most forms of disability discrimination unless it knew, or should have known, about the individual's disability. The question is, however, when is an employer on notice that an employee has a disability for employment law purposes?  Read our blog to find out more.
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Guidance on how to prepare for Brexit if there’s no deal
Brexit is dominating the headlines with no clear indication as yet of what will happen. The government have provided guidance to small businesses on this topic. Find out more in this blog. 
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Christmas parties and employment law
With company Christmas parties on the horizon, employers may wish to consider when they could be “vicariously liable” for the actions of their employees at company parties, if those actions are said to have been committed in the course of employment.  Read our blog for a summary of the legal position for employers.
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Small businesses’ engagement with the energy market
When last did you change your energy supplier? In this blog  we look at small businesses’ engagement with the energy market. We also reference a “loyalty penalty” super complaint filed by the Citizens Advice Bureau with the Competition and Markets Authority.
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When do you have to postpone a disciplinary hearing?
Where the employer breaches the employee's right to be accompanied at a disciplinary hearing, or unreasonably refuses to delay a disciplinary hearing, any subsequent dismissal is likely to be unfair. Read our blog here  to find out the legal requirements for employers.
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Recent Health and Safety Convictions
Health and Safety matters should be front of mind for small business owners. Here we summarise two recent prosecution cases which demonstrates the importance of getting it right. 
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