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04 August 2023 / Nicholas Dobson
Issue: 8036 / Categories: Features , Discrimination , Human rights , Employment
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Freedom of expression: what’s acceptable?

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Where is the line between the right to freedom of religion & the lawful expression of that right? Nicholas Dobson examines a complex question for the Employment Appeal Tribunal
  • When considering the lawfulness of the expression of the right to freedom of thought, conscience and religion, it is necessary to determine whether any interference with those rights was in respect of the manifestation of the claimant’s protected belief, or rather was due to a justified objection to the manner of that manifestation.

Those having higher mileage on their personal odometers will have lived through profound social changes. For example, people in same-sex relationships (or suspected of having same-sex orientation) were, until relatively recently, subject to considerable social stigma—and sometimes violent abuse. For same-sex relationships were legalised only with the passing of the Sexual Offences Act on 26 July 1967, and then only between two consenting adults over the age of 21 and in private. Wide social acceptance of such stigmas was supported, particularly among practising Christians, by Bible teaching

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MOVERS & SHAKERS

Freeths—Rachel Crosier

Freeths—Rachel Crosier

Projects and rail practices strengthened by director hire in London

DWF—Stephen Hickling

DWF—Stephen Hickling

Real estate team in Birmingham welcomes back returning partner

Ward Hadaway—44 appointments

Ward Hadaway—44 appointments

Firm invests in national growth with 44 appointments across five offices

NEWS
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
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