Discrimination: Bake’s off: lessons from the Bert and Ernie cake case

Weightmans LLP | Employment Law Journal | December 2016/January 2017 #176
A controversial judgment has reignited debate about the conflict between protection from discrimination and the values of organisations and their workers. Phil Allen explains ‘While some of the cases on the breadth of the meaning of belief in the context of religious discrimination might raise some interesting arguments, there is a requirement for such beliefs …

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Discrimination Law: Managing competing workplace rights

Bryan Cave Leighton Paisner LLP | Employment Law Journal | July/August 2015 #162
Catherine McGrath sets out recent case law on the conflict between sexual orientation and religious rights at work ‘When faced with competing rights and interests, the courts have to undertake a careful balancing exercise and are afforded wide discretion when considering conflicting ECHR rights.’ On 19 May 2015 the Northern Ireland County Court handed down …

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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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