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16 October 2014 / Monika Sobiecki , Spencer Keen
Issue: 7626 / Categories: Features , Employment
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Come in number 15!

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Section 15 of the Equality Act is starting to flex its muscles, say Spencer Keen & Monika Sobiecki

Initially introduced by the Equality Act to fix the lacuna left by Malcolm v Lewisham Borough Council [2008] IRLR 700, [2008] 4 All ER 525, s 15 of the Equality Act 2010 has enjoyed little judicial scrutiny. Now that the broad test for when a person is treated unfavourably because of something arising in consequence of disability has been reinstated by the Equality Act, s 15 is likely to assume a position, as its predecessor once did, as one of the most important protections that disabled persons enjoy.

The recent decision of the Employment Appeal Tribunal in Hensman v Ministry of Defence UKEAT/0067/14/DM provides helpful guidance on the correct approach to this cause of action. Of particular interest to practitioners will be the tribunal and Employment Appeal Tribunal’s (EAT) acceptance that a dismissal because of criminal conduct, could nevertheless be a dismissal “arising in consequence” of disability (a connection that would not have

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Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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