header-logo header-logo

A false understanding

29 November 2007 / Richard Leiper
Issue: 7299 / Categories: Features , Discrimination , Employment
printer mail-detail

The EAT has identified three elements to a successful claim of indirect discrimination, says Richard Leiper

T he recent case of McClintock v Department for Constitutional Affairs UKEAT/0223/07, [2007] All ER (D) 25 (Nov) suggests that an employee may not rely upon his religious or philosophical beliefs to discriminate against others.

Andrew McClintock is a practising Christian and a justice of the peace. He had been a member of the family panel and so was involved in the placing of children. As a result of the Civil Partnership Act 2004 (CPA 2004), same-sex couples are to be treated in the same way as heterosexual couples. In anticipation of this change, McClintock sought an exception from his duty to officiate in such cases. He had not appreciated that individual homosexuals, including those in same-sex relationships, had been entitled to adopt or foster children before the changes made by CPA 2004. The change made by the legislation was that same-sex couples can now take joint responsibility.
The Department for Constitutional Affairs (DCA) refused to grant McClintock

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll