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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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Judicial statistics show a steady rise in the number of female judges and Asian and mixed ethnicity judges in the past ten years—however, progress in terms of representation has stalled for both Black lawyers and for solicitors
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