Grainger plc & ors v Nicholson [2009] UKEAT/0219/09/0311 – Law Journals

Religion or belief discrimination: Recent case law on gender-critical beliefs – a balancing act for employers

In light of the latest decisions on this tricky topic, Danielle Ingham and Anna Scott discuss how an employer can deal with staff members whose views on trans rights conflict with its own The outcome in Forstater shows that what is important when analysing whether a belief has been manifested inappropriately is looking at the …

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Religion or belief discrimination: Recent Covid-19 decisions and employment rights for anti-vaxxers

Sacha Sokhi explores two decisions which help to shed light on whether dismissals for refusing to be vaccinated or to attend the workplace due to Covid fears will be religion or belief discrimination Whether an employee claims belief discrimination, religious discrimination or breach of their human rights, the first-tier tribunals have made it clear that …

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Philosophical belief: Managing opposing beliefs in the workplace – what employers need to know

Monica Kurnatowska and Rachel Farr assess the impact on employers of the EAT’s decision that ‘gender-critical’ beliefs are protected under the Equality Act The tribunals’ role is not to decide which side is right, or holds the more acceptable views, but to ensure that those with different views tolerate each other. Forstater v CGD Europe …

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Legal news: Employment update

Aisleen Pugh and Sarah Munro round up recent developments affecting employers and their advisers Pleadings drafted in easy-to-read, specific, simple language will be the most effective and a better guarantee of success. Belief in fixed gender is held to be a protected characteristic In Higgs v Farmor’s School [2020], an employment tribunal has held that …

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Religion and belief: Stoicism now considered a philosophical belief

Shah Qureshi reviews the recent employment tribunal decision which determined that Stoicism qualifies for protection under the Equality Act 2010 It was clear to the judge that Mr Jackson had a strong interest in and adherence to Stoicism for a number of years, which ‘transcends merely holding an opinion’. In the preliminary hearing decision in …

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Religion or belief: Ethical veganism is a protected philosophical belief

Shah Qureshi reviews the recent employment tribunal decision that ethical vegans are entitled to protection from discrimination and harassment under the Equality Act 2010 ‘The tribunal had no doubt that ethical veganism is a belief with a high degree of cogency, cohesion and importance.’ The preliminary decision in Casamitjana Costa v The League Against Cruel …

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Religion or belief: Shifting sands – what is a philosophical belief?

Recent case law has highlighted how difficult it is to pin down which beliefs deserve protection in today’s society, writes Fudia Smartt ‘Mr Conisbee brought a discrimination claim against five respondents because of religion and belief, as well as a claim for notice pay. A preliminary hearing was held to determine whether vegetarianism satisfied the …

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Religion or belief: Belief in Scottish independence can be a philosophical belief

Claire Osborne and Helen Almond consider whether a recent decision could open the floodgates to discrimination claims based on a worker’s political beliefs ‘The decision does appear to open the door to claims being brought on the basis of similarly held political beliefs. The most obvious example is a belief in Brexit, which, it could …

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Discrimination: Religious or philosophical belief – exploring the boundaries of legal protection

Joanna Chatterton and Ed Livingstone examine the case law and new Acas guidance on religion and belief discrimination ‘Employers should be wary of relying too heavily on the scenarios set out in Acas’s new guidance, as the Employment Appeal Tribunal decision in Bakkali shows.’ In May 2018, Acas published new guidance on religion and belief …

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Legal News: Employment updates

Jane Hannon rounds up recent case law and developments affecting employers and their advisers ‘The government’s proposals include ensuring any suggestion of a payment for service emphasises that it is discretionary for the consumer.’ BIS consults on tipping and service charges The Department for Business, Innovation and Skills has launched a consultation on tipping, gratuities, …

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