Oscar Davies of the Garden Court Employment Law Team has written for the July edition of the Discrimination Law Association Briefings
Oscar’s article looks at the Court of Appeal judgment affecting how tribunals should identify the “reason why” an individual was treated less favourably in religion or belief discrimination cases.
In Omooba v Michael Garrett Associates Ltd and Leicester Theatre Trust Ltd EWCA, 13 March 2026, the Court of Appeal confirmed that tribunals must identify the actual reason for the treatment.
The article explores:
- The relationship between Omooba and the Court of Appeal’s earlier decision in Higgs v Farmor’s School.
- How religion or belief claims often turn on a detailed analysis of causation.
- Why the Court’s decision does not provide employers with a general defence based on reputational harm or third-party reactions.
- That evidence will still be needed of the actual reason operating in the decision-maker’s mind.
Oscar’s article appears in the July 2026 edition of Discrimination Law Association Briefings.
Oscar Davies (Call: 2018)
Oscar is a multi-award-winning barrister and is ranked as Rising Star in the Legal 500 for Employment Law and Education Law. Oscar is a discrimination, public law and human rights barrister specialising in complex Equality Act and Convention rights litigation. Oscar is frequently instructed in appellate, strategic and high-profile matters involving discrimination, human rights and public law issues, including proceedings before the Employment Appeal Tribunal and European Court of Human Rights.
As the UK’s first publicly recognised non-binary barrister, Oscar is a dedicated advocate for trans and non-binary legal professionals and under-represented communities. Their work often raises complex and novel questions concerning belief discrimination, gender identity, procedural fairness and Convention rights.
Get in touch with Oscar’s clerks at employmentclerks@gclaw.co.uk
