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1/ Given that tomorrow's Lady Hale's valedictory, I thought it a perfect time to list Lady Hale's 10 greatest #discrimination & #ukemplaw hits in the highest court. First up, from way back in 2004, Archibald v Fife on more favourable treatment for disabled people
2/ 2nd, from 2007 Derbyshire v St Helens MBC - strong words in the case about victimising dinner ladies bringing an equal pay claim.
3/ 3rd, the early days of the Supreme Court, giving the classic definition of the difference between direct & indirect discrimination in the JFS case, a case whose unintended consequences have included a boon for attendance by 3 and 10 year olds at synagogue children's services
4/ Next up, the categorisation of the 2 legitimate aims for direct age discrimination in Seldon v Clarkson Wright & Jakes
5/ 5th, a dissent. Lady Hale's effort in Edwards v Chesterfield to cut down the Johnson v Unisys exclusion zone.
6/ 6th, bringing the definition of worker into the modern age in Bates van Winkelhof v Clyde & Co by undercutting the importance of subordination as a determining factor of worker status.
7/ Weakening the 'same employment' hurdle to an equal pay claim in Dumfries & Galloway v North to enable nursery workers & teaching assistants to compare themselves to refuse collectors & road workers.
8/ 8th up is the requirement in Geys v Société Générale (the case that requires us to google how to add an acute accent) to be clear and unambiguous when seeking to exercise the contractual right to terminate employment.
9/ My favourite of all Baroness Hale's judgments for clear thinking about discrimination law. The 6 salient features of indirect discrimination in Essop v Home Office; Naeem v MoJ.
10/ Finally using Article 14 ECHR in Gilham v MoJ to ensure her fellow judicial colleagues & those who follow her can blow the whistle safe in the knowledge that they have statutory protection if they do so.
11/ Well that's my top 10. What have I missed? Lee v Ashers perhaps, though it's the one judgment that I still shake my head at. Bull v Hall perhaps has the best claim for being wrongly left out. Any other thoughts? #ukemplaw
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