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21 July 2023
Issue: 8034 / Categories: Legal News , Employment , Discrimination , Human rights , Tribunals
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NLJ this week: Human-rights-first approach marks significant development in employment claims

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A recent employment appeal concerning a teacher dismissed for expressing gender-critical views on Facebook is a significant development in employment law because the Employment Appeal Tribunal (EAT) focused on the ‘reason why’ question. In this week’s NLJ, Charles Pigott, professional support lawyer, Mills & Reeve, explains why the EAT’s approach ‘marks a significant development’ for discrimination claims, breaking new ground.

Pigott writes: ‘Perhaps because there was no parallel claim for indirect discrimination, this is believed to be the first EAT decision where a human rights analysis has provided the starting point for the analysis of the “reason why” question under s 13 of the Equality Act 2010 (EqA 2010), which provides the statutory definition of direct discrimination.’

In its judgment, the Employment Appeal Tribunal offered guidance to help employment tribunals approach the proportionality assessment in this and future cases. 

Read Pigott's assessment in full here.

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From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

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Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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