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21 January 2010 / Ian Smith
Issue: 7401 / Categories: Features , Employment
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The employment jigsaw

Ian Smith examines religious & philosophical conundrums & provides some light relief

The bulk of this month’s column (written while snowed in here in British East Suffolk,  trying to decide whether to send my wife out to the store in the next village on a long rope or to eat the cat) is taken up with two important and newsworthy cases on religion/belief discrimination, both as to its “reach” (in particular, what is a philosophical belief worthy of legal protection?), but also (in the first case) as to how the potentially contradictory laws on religious discrimination and sexual orientation discrimination fit together.

In a sense, this is only the legal tip of a larger social and political iceberg—we are seeing the enormous problems the Church of England is having in relation to gay clergy, and recently the BBC suddenly found itself caught up in a storm of criticism over a blog discussion on proposals in an African country to criminalise homosexual activity. One problem with the latter issue was that opening up discussion gave rise

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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