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Employment law brief: 15 March 2024

15 March 2024 / Ian Smith
Issue: 8063 / Categories: Features , Employment , Discrimination , Bias , Equality
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Discrimination in the workplace has been the focus of some notable cases recently. Ian Smith briefs us on four particularly thorny ones
  • Appropriate comparators and their relationship with the statutory reversal of the burden of proof.
  • Contract terms banning the wearing of overt religious signs.
  • Justification of age discrimination relating directly to the provision, criterion or practice.
  • Harassment ‘related to’ the protected characteristic.

For some months now, the cases considered in this brief have concentrated on developments in employment law as such. In the past month, however, there have been several more legislative changes (including the annual uprating of compensation amounts and changes to paternity rights) and a little flurry of case law on discrimination law in the employment context. The four cases mentioned here are: a consideration by the Employment Appeal Tribunal (EAT) of the role of comparators and how they interact with the burden of proof; a decision of the European Court of Justice (ECJ) on the vexed question of bans on face coverings

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Cadwalader—Andro Atlaga

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NEWS
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
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