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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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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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