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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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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