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16 May 2025 / Nicholas Dobson
Issue: 8116 / Categories: Features , Discrimination , Human rights , Employment
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Freedom of expression: what’s acceptable? Pt 2

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Nicholas Dobson follows up on Higgs v Farmor’s School, examining the Court of Appeal judgment on a gross misconduct dismissal
  • In a follow-up to his 2023 article on Higgs v Farmor’s School, ‘Freedom of expression: what’s acceptable?’, the author analyses the recent Court of Appeal judgment.
  • The court found that the claimant’s dismissal for re-posting ‘inflammatory’ material on same-sex marriage and gender choice could not proportionately justify her dismissal, which therefore constituted unlawful direct discrimination.

Older people, despite having always lived in England, will nevertheless for many years have inhabited a foreign country—at least in terms of the famous opening of LP Hartley’s 1953 novel, The Go-Between: ‘The past is a foreign country; they do things differently there.’ For what were mainstream views on sex, marriage and gender in the 1950s were, in employment terms, considered dismissible conduct when expressed in 2018.

This was once again apparent when the Court of Appeal revisited on appeal a decision made by the Employment Appeal Tribunal (EAT) in

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
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
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