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29 November 2007 / Richard Leiper
Issue: 7299 / Categories: Features , Discrimination , Employment
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A false understanding

The EAT has identified three elements to a successful claim of indirect discrimination, says Richard Leiper

T he recent case of McClintock v Department for Constitutional Affairs UKEAT/0223/07, [2007] All ER (D) 25 (Nov) suggests that an employee may not rely upon his religious or philosophical beliefs to discriminate against others.

Andrew McClintock is a practising Christian and a justice of the peace. He had been a member of the family panel and so was involved in the placing of children. As a result of the Civil Partnership Act 2004 (CPA 2004), same-sex couples are to be treated in the same way as heterosexual couples. In anticipation of this change, McClintock sought an exception from his duty to officiate in such cases. He had not appreciated that individual homosexuals, including those in same-sex relationships, had been entitled to adopt or foster children before the changes made by CPA 2004. The change made by the legislation was that same-sex couples can now take joint responsibility.
The Department for Constitutional Affairs (DCA) refused to grant McClintock

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Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

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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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