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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

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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