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26 November 2021 / Charles Pigott
Issue: 7958 / Categories: Features , Employment , Discrimination
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Discrimination by association: where next?

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An employment tribunal has given the first UK ruling on indirect associative discrimination: Charles Pigott reports
  • An employment tribunal has upheld an indirect associative discrimination claim from a worker who was caring for her disabled mother.
  • This is believed to be the first time that any UK court has interpreted the definition of indirect discrimination in favour of claimants who are not themselves members of the relevant protected group.

In Follows v Nationwide Building Society (Case No 2201937/2018V), the employment tribunal had to consider claims arising from the dismissal of Mrs J Follows on redundancy grounds by Nationwide Building Society.

Mrs Follows was a senior lending manager (SLM). She had a homeworking contract, but in conjunction with a redundancy programme which aimed to reduce the overall number of SLMs, Nationwide decided that she could no longer work from home. The reason given was that they needed ‘effective on-site supervision’ and that there were now too few SLMs to provide this, unless all SLMs came into the office full-time. The claimant

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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