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23 January 2014 / Ian Smith
Issue: 7591 / Categories: Features , Employment
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Employment law brief: 23 January 2014

Ian Smith considers the latest employment law developments

Some things drive you mad, even without a formal certificate as a grumpy old man. As if discrimination law was not difficult enough already, the Supreme Court at the end of December handed down judgment in Bull v Hall [2013] UKSC 73, [2013] All ER (D) 307 (Nov) and in doing so split 3–2 on the fundamental meaning of direct discrimination. Those of us having to struggle with the Equality Act 2010 need this like the proverbial cranial cavity. This was the newsworthy gay-couple-in-the-Christian-hotel case, which makes it sound like a successor to the brides-in-the-bath case, but less politically correct. The pity legally is that all five justices agreed that this was a case of indirect discrimination which (under both domestic and human rights law) was not justified, which was enough to decide the case in the claimants’ favour, but three of them then decided that it could also be squeezed into direct discrimination. Lord Neuberger’s judgment contains a rather tart criticism of this

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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