As of 31 August 2024 we are no longer on the DX exchange service.
HomeAbout UsBusinessPersonalNews & ArticlesContactReceived a debt collection letter?Download our 'Income and Expenditure' form here

Are your ‘beliefs’ protected?

Posted
February 12, 2020
Corporate and Commercial

Over the last few months, we have seen a couple of really interesting cases on the extent to which people are protected from discrimination because of their beliefs. But which beliefs are worthy of protection and which are not? The answer to this question can prove difficult to predict.

‘Veganism’

In the case of Casamitjana v The League Against CruelSports, the claimant won an important victory in front of the NorwichEmployment Tribunal, convincing Employment Judge Robin Postle that his belief in ‘ethical veganism’ was worthy of protection under the Equality Act2010. He must now prove that his dismissal was actually a result of his beliefs; his employers argue that he was dismissed for gross misconduct!

‘Gender is immutable’

In contrast, the case of Forstater v CGD Europe concerned a tax expert whose contract of employment was not renewed after she posted various messages on Twitter, voicing her opinion on the extent to which people can ‘self-identify’ as a gender different from that into which they were apparently born.  When this case was heard by the London CentralEmployment Tribunal, Employment Judge Tayler concluded that the claimant’s beliefs were not protected by the Equality Act 2010. The views were found to be “incompatible with human dignity and fundamental rights of others “. As a result, they were not worthy of respect in a democratic society, which is one of the established requirements for a belief to be protected under discrimination legislation.

So what?

This is an interesting area of employment law, which is ripe for further development. If you would like to discuss the issues in more detail, please get in touch.  We will also be covering these cases at our upcoming employment law seminar on 24th March 2020.

Email us at employment@stevensdrake.com to reserve your place.  

About 

Share this article

Have you read our other blogs?

The Financing gap in the UK and the need for an equivalent to the United States’ SBA Loan Programme

Posted
October 29, 2024
Business Law
Read More

What are Employee Ownership Trusts and how do they work?

Posted
October 29, 2024
Employment Law
Read More
View all Articles

Stay up to date with stevensdrake

Simply fill out your details below to receive stevensdrake's monthly newsletter, including regular topical articles, tips and upcoming events.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.