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Good intentions?

25 September 2008
Issue: 7338 / Categories: Features , Employment
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What next for Cardiff Women's Aid? Chris Milsom reports

While discriminatory job advertisements have long been regarded as unlawful, only the Equality and Human Rights Commission (EHRC) can bring claims against their authors or publishers; individuals are currently barred from doing so. The justification for this is that an advertisement can only ever constitute an intent to discriminate rather than an act.

It may well have been decided that an advertisement for a “black or Asian woman” information centre worker for Cardiff 's Women's Aid, placed in the Guardian on 19 August 1992, was lawful under s 38 of the Race Relations Act 1976 (RRA 1976). However, the view of the Employment Apppeal Tribunal (EAT) in Cardiff Women's Aid v Hartup [1994] IRLR 390 was that any such lawful defence was “not something for us to decide” (per Judge Levy QC at para 8). Nor did it matter whether Hartup had applied for the job or not: “We do not think that it is necessary to decide on this point in the context of the decision we have

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MOVERS & SHAKERS

Gilson Gray—Paul Madden

Gilson Gray—Paul Madden

Partner appointed to head international insolvency and dispute resolution for England

Brachers—Gill Turner Tucker

Brachers—Gill Turner Tucker

Kent firm expands regional footprint through strategic acquisition

Quinn Emanuel Urquhart & Sullivan—William Charles

Quinn Emanuel Urquhart & Sullivan—William Charles

Financial disputes and investigations specialist joins as partner in London

NEWS
Ministers’ proposals to raise funds by seizing interest on lawyers’ client account schemes could ‘cause firms to close’, solicitors have warned
Pension sharing orders (PSOs) have quietly reached their 25th anniversary, yet remain stubbornly underused. Writing in NLJ this week, Joanna Newton of Stowe Family Law argues that this neglect risks long-term financial harm, particularly for women
A school ski trip, a confiscated phone and an unauthorised hotel-room entry culminated in a pupil’s permanent exclusion. In this week's issue of NLJ, Nicholas Dobson charts how the Court of Appeal upheld the decision despite acknowledged procedural flaws
Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
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