Turcan Connell's legal team regularly advises clients in relation to issues arising under the Equality Act.
These sometimes arise in relation to employment but also arise in relation to other matters such as domestic leases. For example, we have advised on the application of the obligation to make reasonable adjustments in relation to an action in the Sheriff Court arising out of a short assured tenancy. In that case, we were successful at debate in having averments of breach of duty under the Equality Act struck out.
Employment Law Issues
In relation to employment, we regularly advise in relation to reasonable adjustments and other duties on employers.
Examples of advice given to employers include: whether the provision of accommodation was unlawful the Act; whether dismissal was based on considerations relating to disability; the effect of mental health on employee’s abilities to carry out their role; and the effect of age on employee’s ability to carry out their role.
Advisors to Rural Employers
We are well known as advisers to rural employers and have considerable experience of the effect of age and disability upon the employee’s ability to carry out his role.
Examples of advice given to senior executives include: whether a decision to select a client for redundancy purposes was age related and if it was whether the justification defence could be met on a cost plus basis; the options open to a client suffering from depression; and the rights available when employment is terminated whilst the executive is drawing a benefit from a permanent health plan.