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23 January 2014 / Ian Smith
Issue: 7591 / Categories: Features , Employment
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Employment law brief: 23 January 2014

Ian Smith considers the latest employment law developments

Some things drive you mad, even without a formal certificate as a grumpy old man. As if discrimination law was not difficult enough already, the Supreme Court at the end of December handed down judgment in Bull v Hall [2013] UKSC 73, [2013] All ER (D) 307 (Nov) and in doing so split 3–2 on the fundamental meaning of direct discrimination. Those of us having to struggle with the Equality Act 2010 need this like the proverbial cranial cavity. This was the newsworthy gay-couple-in-the-Christian-hotel case, which makes it sound like a successor to the brides-in-the-bath case, but less politically correct. The pity legally is that all five justices agreed that this was a case of indirect discrimination which (under both domestic and human rights law) was not justified, which was enough to decide the case in the claimants’ favour, but three of them then decided that it could also be squeezed into direct discrimination. Lord Neuberger’s judgment contains a rather tart criticism of this introduction of uncertainty into such a fundamental area as the

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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