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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

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
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