The New Disability Discrimination Regime
Last month we provided you with an update in respect of the prohibition on asking pre-employment health questions from 1st October 2010; this is not the only change to the disability discrimination regime that has been brought about by the Equality Act 2010. In fact, two new strands have been introduced: indirect disability discrimination and discrimination “arising from disability”. Further, there are also a few subtle changes that alter the scope of direct discrimination.
Health Questions in Recruitment
A new law will soon make it unlawful for a prospective employer to ask a job applicant about his or her health before making an offer, or conditional-offer, of employment. Contract workers are also protected by this law.
The economic recession of the late 1980s and early 1990s resulted in an unprecedented number of individuals being made bankrupt. Upon the making of a bankruptcy order, the bankrupt’s assets vested in a trustee in bankruptcy (often the Official Receiver).
The Cohabitation Bill
There are over two million cohabiting couples in England and Wales and it is estimated that by 2031 the figure will have risen to over 3.8 million. Over 740,000 cohabiting couples have 1.27 million dependent children living with them. Despite the rise in such couples over the years, more than half misunderstand their rights on separation.
As we approach the school holidays many will be looking forward to a holiday in the sun with their children. For separating or divorcing couples with children this time of year can be difficult as disputes can arise over holiday contact.
At our employment law update at the Basildon Council Regulation and Economic Update in October 2009 we considered the potential impact of the Vetting and Barring Scheme (“VBS”), which had just come into force. Following the implementation of parts of the VBS, defects have become apparent and the Government has announced that it is re-thinking the VBS.
Calling All Fathers
Due to working patterns today it is still the case in the majority of families that when a child is born it is the mother who ceases employment to raise the child/children of the family. As a result of this if the relationship unfortunately breaks down it is usually the mother who the children reside with and the father who receives contact. It is very common that if the breakdown is particularly hostile the children will be used as a weapon and contact will decrease or cease with the absent parent. Some fathers continue to persist with contact others for various reasons will not. What a lot of fathers do not realise is that since the introduction of the European Court Of Human Rights a father now has the right to family life which means a right to see their children. We have recently seen a huge number of fathers who were not aware that they have a legal right to see their children despite what the mothers may say.
While the most urgent issue facing the new Coalition Government is clearly reducing the deficit and continuing to ensure economic recovery, employment law is also on the agenda.
Changes have been made to the way in which rent deposits are to be held by residential property landlords.
If one party to a long marriage has built up a successful business or earned a high salary, during the course of that marriage, and the other party has stayed at home to raise children and/or to manage a home, the Courts are likely to find that, although the second party has not been a breadwinner, he or she has provided “money’s worth” to the marriage.