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04 August 2023 / Nicholas Dobson
Issue: 8036 / Categories: Features , Discrimination , Human rights , Employment
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Freedom of expression: what’s acceptable?

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Where is the line between the right to freedom of religion & the lawful expression of that right? Nicholas Dobson examines a complex question for the Employment Appeal Tribunal
  • When considering the lawfulness of the expression of the right to freedom of thought, conscience and religion, it is necessary to determine whether any interference with those rights was in respect of the manifestation of the claimant’s protected belief, or rather was due to a justified objection to the manner of that manifestation.

Those having higher mileage on their personal odometers will have lived through profound social changes. For example, people in same-sex relationships (or suspected of having same-sex orientation) were, until relatively recently, subject to considerable social stigma—and sometimes violent abuse. For same-sex relationships were legalised only with the passing of the Sexual Offences Act on 26 July 1967, and then only between two consenting adults over the age of 21 and in private. Wide social acceptance of such stigmas was supported, particularly among practising Christians, by Bible teaching (for example, Leviticus 20:13, stipulating that ‘if a man

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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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