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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

Bell Yard Kysen—Liz Giles

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Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

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Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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