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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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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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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Equality Act: The extent of protection for political beliefs

The EAT has recently considered whether an employee was protected from discrimination on the grounds of his socialist beliefs. Rebecca McGuirk analyses the case ‘Religion or belief is one of the “nine protected characteristics” covered by the Equality Act. Where possible, in the employment context, the Equality Act takes a consistent approach across the nine …
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Discrimination: Is it time to legislate on caste?

Katharine McPherson and Katherine Shaw weigh up whether the government needs to amend the Equality Act to make clear that it prohibits caste discrimination ‘Given the complexities in defining caste, there is no obvious answer as to where caste belongs within the definitions used in the Equality Act 2010.’ The case of Begraj v Heer …
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Philosophical Belief: Do you believe in fairies?

Mark Levine and Laura Ford consider whether the tribunals are becoming more willing to accept claims that an employee’s beliefs have been infringed ‘The initial cases decided under the Regulations were relatively unsurprising and the beliefs put forward seem to have largely been judged by comparison to religions and religious beliefs.’ In 2003 the Employment …
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