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16 October 2014 / Monika Sobiecki , Spencer Keen
Issue: 7626 / Categories: Features , Employment
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Come in number 15!

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Section 15 of the Equality Act is starting to flex its muscles, say Spencer Keen & Monika Sobiecki

Initially introduced by the Equality Act to fix the lacuna left by Malcolm v Lewisham Borough Council [2008] IRLR 700, [2008] 4 All ER 525, s 15 of the Equality Act 2010 has enjoyed little judicial scrutiny. Now that the broad test for when a person is treated unfavourably because of something arising in consequence of disability has been reinstated by the Equality Act, s 15 is likely to assume a position, as its predecessor once did, as one of the most important protections that disabled persons enjoy.

The recent decision of the Employment Appeal Tribunal in Hensman v Ministry of Defence UKEAT/0067/14/DM provides helpful guidance on the correct approach to this cause of action. Of particular interest to practitioners will be the tribunal and Employment Appeal Tribunal’s (EAT) acceptance that a dismissal because of criminal conduct, could nevertheless be a dismissal “arising in consequence” of disability (a connection that would not have been accepted on an application of the Malcolm test). Also

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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
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