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22 May 2008
Issue: 7322 / Categories: Legal News , Public , Discrimination , Employment
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Victory for non-Christians in religious discrimination case

News

A Christian charity acted illegally when it began recruiting only practising Christians for most posts and told existing non-Christian staff they were no longer eligible for promotion, an employment tribunal has ruled.

Mark Sheridan, who worked for Prospects—a charity for people with learning disabilities— for eight years, successfully claimed constructive dismissal before the Abergele tribunal after he quit his job in protest against the charity’s 2004 change in recruitment policy.

Hanne Stinson, chief executive of the British Humanist Association, says faith-based organisations will have to be much more stringent when they wish to discriminate on grounds of religion or belief in employment. He says that since the Employment Equality (Religion or Belief) Regulations 2003 came into force, religious organisations are discriminating more in their employment practices. “The judgment makes clear that a court will make an objective assessment of what a ‘religious ethos’ is, and states that it is not for the religious organisation itself to define its ethos, where this does not accord with reality on the ground,” he adds.

Sheridan’s barrister, James Boddy, from 11 King’s Bench Walk Chambers, says: “This is the first time an employment tribunal has been called on to decide the extent to which an organisation with a religious ethos is allowed to discriminate on grounds of religion or belief.”

Issue: 7322 / Categories: Legal News , Public , Discrimination , Employment
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MOVERS & SHAKERS

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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