Articles - DAC Beachcroft

Articles by Hilary Larter

McArthur and others v Timberbush Tours Ltd and another

McArthur and others v Timberbush Tours Ltd and another

This decision of Lord Armstrong on 22nd July in the Outer House affirms the judicial approach to awards under section 4 of the Damages (Scotland) Act ...

Discrimination: Protection from discrimination on the grounds of gender critical beliefs

Discrimination: Protection from discrimination on the grounds of gender critical beliefs

The EAT has held that a gender critical belief, including a belief that sex is immutable and should not be conflated with gender identity, is a protec ...

Discrimination: Women are less likely to be able to accommodate certain working patterns than men because of childcare responsibilities

Discrimination: Women are less likely to be able to accommodate certain working patterns than men because of childcare responsibilities

A tribunal should have assumed, without needing evidence, that there is a “childcare disparity”, meaning that women being less likely to be able to ac ...

Industrial Action: Protection from suffering a detriment for participating in industrial action

Industrial Action: Protection from suffering a detriment for participating in industrial action

UK legislation should be interpreted so that workers are protected from suffering a detriment for participating in industrial action. THE FACTS UK leg ...

Whistleblowing: Was a decision to dismiss materially influenced by whistleblowing disclosures?

Whistleblowing: Was a decision to dismiss materially influenced by whistleblowing disclosures?

The decision to dismiss a whistleblower was influenced entirely by his behaviour after he had blown the whistle.  This behaviour was separate and dist ...

Employment Matters - July 2021

Employment Matters - July 2021

DAC Beachcroft's Employment Matters focuses on some of the most interesting cases and events occurring within the Employment Law sector. Case law deve ...

Update on Government proposals

Update on Government proposals

In 2019, the Government proposed several reforms to employment law which have been side-tracked by the pandemic.  We have given an update on the statu ...

Qualified One Way Costs Shifting (QOCS)

Qualified One Way Costs Shifting (QOCS)

The Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, and more particularly, Section 8 will be commenced on 30 June 2021, bringin ...

Health Employment Matters - June 2021

Health Employment Matters - June 2021

DAC Beachcroft's Employment Matters focuses on some of the most interesting cases and events occurring within the Employment Law sector.

Discrimination: A constructive dismissal may be discriminatory even where the last straw is not discriminatory

Discrimination: A constructive dismissal may be discriminatory even where the last straw is not discriminatory

The EAT has held that if discriminatory acts play a sufficient part in the overall course of conduct a constructive dismissal may be discriminatory. T ...