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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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