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Justifying indirect discrimination: lessons from Dobson v North Cumbria Integrated Care NHS Foundation Trust

Adrian Fryer

The Equality Act 2010 is the primary legislative framework covering discrimination in employment. In terms of the protected characteristic of sex, several different forms of discrimination are recognised. One of these is indirect discrimination. If an employer operates a provision, criterion, or practice (PCP) which places those of a certain sex at a particular disadvantage when compared with others, this will be discriminatory unless the employer can justify the PCP as a proportionate means of achieving a legitimate aim.

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Wrongful dismissal: why the circumstances behind misconduct can matter

Adrian Fryer

Most HR professionals will be familiar with unfair dismissal claims, but wrongful dismissal is a different type of claim altogether. Whereas unfair dismissal focuses on the fairness of the employer’s decision to dismiss, wrongful dismissal is a contractual claim that looks at whether the employer was entitled to terminate employment without notice.

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Can AI Win Court Cases? What Employers Need to Know About Garfield AI’s Legal Success

Adrian Fryer

AI has chalked up what is being described as its first court victory – but before the robots start demanding silk gowns and chambers, it’s worth looking a little closer.

The case involved Garfield AI, an AI-powered law firm, helping a freelancer successfully recover unpaid fees in court. AI carried out the heavy lifting before trial – preparing documents, witness statements and the court bundle. However, when it came to the hearing itself, a human barrister still took centre stage, presenting the case and advocating before the judge.

AI is becoming an increasingly common feature of workplace disputes and litigation. Employers may use AI to analyse documents or prepare evidence, while employees and their representatives are likely to be doing exactly the same. Garfield AI’s legal victory demonstrates that AI is able to take a supporting role in employment litigation, but human oversight, expertise, judgement and advocacy remain firmly in charge – at least for now.

Contact Adrian Fryer, Partner and Head of Employment. 

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