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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

Hugh James—Jonathan Askin

Hugh James—Jonathan Askin

London corporate and commercial team announces partner appointment

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Kingsley Napley—Jonathan Grimes

Kingsley Napley—Jonathan Grimes

Firm appoints new head of criminal litigation team

NEWS
Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
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