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08 January 2021 / Charles Pigott
Issue: 7915 / Categories: Features , Employment , Discrimination
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Pay freezes, ‘costs plus’ & indirect discrimination

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Charles Pigott takes the measure of the ‘costs plus’ rule of thumb in age discrimination cases
  • The Court of Appeal has confirmed that the discriminatory impact of slowing pay progression in the probation service could be justified in the context of the last public sector pay freeze.
  • The ruling examines the usefulness of the ‘costs plus’ test as a way of distinguishing between lawful and unlawful policies when these disadvantage protected groups.

The origins of the dispute in Heskett v Secretary of State for Justice [2020] EWCA Civ 1487, [2020] All ER (D) 72 (Dec) go back to the public sector pay freeze imposed by the coalition government after it took power in 2010. The Court of Appeal’s decision was announced two weeks before the 2020 spending review, in which the chancellor announced another pay freeze for the whole public sector, excluding the NHS.

The Court of Appeal, reaching the same conclusion as the Employment Appeal Tribunal (EAT) ((2019) UKEAT/0149/18, [2019] All ER (D) 12 (Jul)), dismissed

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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