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07 October 2010
Issue: 7436 / Categories: Legal News
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Claims set to rise

Employment lawyers are predicting a rise in successful tribunal claims as large parts of the Equality Act 2010 came into force last Friday.

The Act will affect all UK employers, regardless of size, and applies across both public and private sectors. It brings existing discrimination law into a single Act to promote consistency of practice and ease of understanding among employers. It also lowers the “evidential bar” for employees who bring claims agaisnt their employers. 

Nick Hoffman, barrister at 7 Bedford Row, says: “The reversal in the burden of proof from the claimant having to establish a prima facie case to the defendant having to disprove any facts suggestive of discrimination will have a dramatic effect on the way in which discrimination cases are understood and heard in the courts. Effectively, the ‘evidential bar’ has been considerably lowered and employers can expect to have to defend more claims.”

The new Act also introduces a ban on pre-employment health questionnaires and gives employees freedom to discuss their salaries and pay packages without fear of sanction from their employer. A new “justification” test is introduced for disability discrimination, replacing the different tests currently used. A pdf version of Spencer Keen’s NLJ guide to the Equality Act, A Framework for Fairness, with revised comparative tables, is available to download at www.newlawjournal.co.uk.
 

Issue: 7436 / Categories: Legal News
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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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