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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

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
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Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
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