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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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