HM Insights

Life, business and the law

The law never stands still, and the way it applies to you and your organisation is constantly evolving. Our people are on top of these developments and can keep you up to date with some of the most interestings aspects of these changes. Check out our articles and updates for our perspective on issues that might affect you.

Latest articles from Scott Milligan

  • Establishing disability discrimination: Evidence and knowledge

    Establishing disability discrimination: Evidence and knowledge

    In the recent case of Mutombo-Mpania v Angard Staffing Solutions Ltd, the Employment Appeal Tribunal (EAT) offered answers to the following two questions: Can an employee prove disability without leading evidence on the impact of his impairment on normal day to day activities? Does an employer have constructive knowledge of an employee’s disability if the employee has denied having one? In this case the EAT held that the answer to both of these questions was no.

  • Politics as religion? Employment tribunals consider protected "beliefs" under the Equality Act

    Politics as religion? Employment tribunals consider protected "beliefs" under the Equality Act

    The Equality Act 2010 offers protection from discrimination on eight different characteristics. This includes protection from discrimination on the grounds of "religion or belief". What qualifies as a religion is likely to be reasonably clear from the circumstances - what is a protected belief has proven a more contentious issue in the employment tribunal – with some, perhaps surprising, results.

  • How long is long enough for TUPE regulations to be redundant?

    How long is long enough for TUPE regulations to be redundant?

    A question that we often get asked is whether a temporary closure of a business or suspension of a service being provided prevents the Transfer of Undertakings (Protection of Employment) Regulations 2006 ("TUPE") from applying. A recent case relating to a music school in Spain gives some indication of the mood music coming from the courts in such situations.