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16 May 2025 / Nicholas Dobson
Issue: 8116 / Categories: Features , Discrimination , Human rights , Employment
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Freedom of expression: what’s acceptable? Pt 2

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Nicholas Dobson follows up on Higgs v Farmor’s School, examining the Court of Appeal judgment on a gross misconduct dismissal
  • In a follow-up to his 2023 article on Higgs v Farmor’s School, ‘Freedom of expression: what’s acceptable?’, the author analyses the recent Court of Appeal judgment.
  • The court found that the claimant’s dismissal for re-posting ‘inflammatory’ material on same-sex marriage and gender choice could not proportionately justify her dismissal, which therefore constituted unlawful direct discrimination.

Older people, despite having always lived in England, will nevertheless for many years have inhabited a foreign country—at least in terms of the famous opening of LP Hartley’s 1953 novel, The Go-Between: ‘The past is a foreign country; they do things differently there.’ For what were mainstream views on sex, marriage and gender in the 1950s were, in employment terms, considered dismissible conduct when expressed in 2018.

This was once again apparent when the Court of Appeal revisited on appeal a decision made by the Employment Appeal Tribunal (EAT) in

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

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A range of options beyond burial, cremation and burial at sea could become legally available, under Law Commission recommendations
Artificial intelligence (AI) legal assistants will be deployed to cut delays in the Crown Court, ministers have announced
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