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15 January 2010 / Mark Hill KC , Spencer Keen
Issue: 7400 / Categories: Features , Employment
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Faith, hope & clarity

Professor Mark Hill QC & Spencer Keen investigate a legal minefield

Last year was highly significant for the Employment Equality (Religion or Belief) Regulations 2003 (SI 2003/1660) (the Regulations). The Employment Appeal Tribunal (EAT) and the higher courts began to explore some difficult issues that, until now, have merely basked in the detail of the Regulations or in arid discussion in academic legal journals.

The EAT has grappled with the breadth of the Regulations in determining which beliefs are worthy of protection: Nicholson v Grainger UKEAT/219/09 and Power v Greater Manchester Police UKEAT/0434/09: the Court of Appeal has considered whether a religious belief may constitute a conscientious objection to requirements of the workplace: Ladele v London Borough of Islington [2009] EWCA Civ 1357: and nine Supreme Court Justices have provided mutually contradictory analyses of race and religion in a school’s admissions policy: R (on the application of E) v Governing Body of JFS [2009] UKSC 15,  [2009] All ER (D) 163 (Dec).

Nicholson v Grainger

Courts have been placed in

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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