header-logo header-logo

07 October 2010
Issue: 7436 / Categories: Legal News
printer mail-detail

Claims set to rise

Employment lawyers are predicting a rise in successful tribunal claims as large parts of the Equality Act 2010 came into force last Friday.

The Act will affect all UK employers, regardless of size, and applies across both public and private sectors. It brings existing discrimination law into a single Act to promote consistency of practice and ease of understanding among employers. It also lowers the “evidential bar” for employees who bring claims agaisnt their employers. 

Nick Hoffman, barrister at 7 Bedford Row, says: “The reversal in the burden of proof from the claimant having to establish a prima facie case to the defendant having to disprove any facts suggestive of discrimination will have a dramatic effect on the way in which discrimination cases are understood and heard in the courts. Effectively, the ‘evidential bar’ has been considerably lowered and employers can expect to have to defend more claims.”

The new Act also introduces a ban on pre-employment health questionnaires and gives employees freedom to discuss their salaries and pay packages without fear of sanction from their employer. A new “justification” test is introduced for disability discrimination, replacing the different tests currently used. A pdf version of Spencer Keen’s NLJ guide to the Equality Act, A Framework for Fairness, with revised comparative tables, is available to download at www.newlawjournal.co.uk.
 

Issue: 7436 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll