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07 October 2010
Issue: 7436 / Categories: Legal News
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Claims set to rise

Employment lawyers are predicting a rise in successful tribunal claims as large parts of the Equality Act 2010 came into force last Friday.

The Act will affect all UK employers, regardless of size, and applies across both public and private sectors. It brings existing discrimination law into a single Act to promote consistency of practice and ease of understanding among employers. It also lowers the “evidential bar” for employees who bring claims agaisnt their employers. 

Nick Hoffman, barrister at 7 Bedford Row, says: “The reversal in the burden of proof from the claimant having to establish a prima facie case to the defendant having to disprove any facts suggestive of discrimination will have a dramatic effect on the way in which discrimination cases are understood and heard in the courts. Effectively, the ‘evidential bar’ has been considerably lowered and employers can expect to have to defend more claims.”

The new Act also introduces a ban on pre-employment health questionnaires and gives employees freedom to discuss their salaries and pay packages without fear of sanction from their employer. A new “justification” test is introduced for disability discrimination, replacing the different tests currently used. A pdf version of Spencer Keen’s NLJ guide to the Equality Act, A Framework for Fairness, with revised comparative tables, is available to download at www.newlawjournal.co.uk.
 

Issue: 7436 / Categories: Legal News
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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