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11 November 2020 / John Bowers KC
Issue: 7910 / Categories: Features , Profession , Employment , Discrimination
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Protecting philosophical beliefs, a decade on

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John Bowers reflects on Grainger plc v Nicholson—a case believed to be important about how to qualify ‘belief’

Some of the cases I appeared in were treated as important at the time but later they are overtaken by other cases; others were slow burners and take on importance when they are cited in other cases. The case of Grainger plc v Nicholson [2010] ICR 360, [2010] 2 All ER 253 was, however, clearly likely to be of importance at the time, as it was the first case to provide a definitive analysis of what was a philosophical belief that could be protected under the Employment Equality (Religion or Belief) Regulations 2003 (SI 2003/1660).

Originally as enacted, this had protected religions or ‘similar philosophical beliefs’ but this had been amended by s 77(1) of the Equality Act 2006 to remove the word similar. It is now consolidated into the Equality Act 2010 (EqA 2010). I appeared for the employers and came second to Dinah Rose—now also

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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