Philosophical Belief Discrimination

Interesting.... (no known relation)

Philosophical Belief Discrimination

"Can an employer discriminate on grounds of philosophical belief where the employee is the only person to hold such a belief?

No, held the EAT in Gray v Mulberry.

Ms Gray worked for Mulberry. She refused to sign a standard contract clause assigning copyright in her work to her employer, fearing it would give them ownership over a novel and screenplay she was writing (even though the contract was amended to exclude them). She was eventually dismissed.

She claimed her belief in the sanctity of copyright law was a philosophical belief and thus a protected characteristic. The Employment Appeal Tribunal, after considering the necessary limbs for establishing a philosophical belief, held that the tribunal was entitled to conclude that the belief lacked sufficient cogency to qualify under the Equality Act 2010.

Of more interest, the EAT held that even if it was wrong, there could be no indirect discrimination because Ms Gray was (as far as the evidence went) the only person known to hold such a belief. Accordingly there could be no disadvantaged group, as she was not part of any group. Thus her indirect discrimination claim had to fail. Permission has been granted to appeal to the Court of Appeal". hat tip www.danielbarnett.co.uk 

The Employment Law Year Ahead 2013

Least we forget how much this Tory led government hates and despises the rights of ordinary working people. This post is based on an e-newsletter I read recently from a leading firm of UK Employment lawyers.

6 April

The Government has stated its intention to reduce the 90-day minimum period for collective redundancy consultation, replacing it with a shortened 45-day period.

Summer 2013

Last summer, the Ministry of Justice announced its intention to introduce employment tribunal fees in the summer of 2013. Final tribunal fee proposals include: an issue fee of £160 or £250, depending on claim; similarly, a hearing fee of £230 or £950; and an EAT issue fee of £400 and £1200 hearing fee. Tribunals will have the power to order the unsuccessful party to reimburse fees paid by the successful party and a fee remission system will operate for those who cannot afford to pay.

Evidence of pre-termination negotiations conducted with a view to agreeing terms for ending employment will become inadmissible in most unfair dismissal claims, except where the employer has acted improperly.

Finally, it should be noted that other proposals for change are also in the pipeline, for example, a consultation on TUPE and reform of the Working Time Regulations. However, firm details are still awaited.

We are stuffed. Yet this will also mean that workers will realise that the law will not protect them at work and the only force that can - are trade unions.

Why you cannot rely on the Courts to protect you at work

Today I read a case summary in Daniel Barnett's employment law e-newsletter about a recent Employment Appeal tribunal judgement, where it was agreed that a claimant who had been dismissed had been treated very harshly but since it was not "perverse" it was not unlawful.

'It was not the task of the employment tribunal or the EAT to decide whether the dismissal was fair.' 

You would have thought that was the whole point of making a claim for unfair dismissal?

While I am not sure the source of this quotation I think this sums up much of what is wrong with tribunals and shows up the unrealistic expectations that many (most?) workers have over their rights at work.

Not only has this Tory lead coalition government been rolling back employment rights all over the place (extended waiting period for unfair dismissal from 1 to 2 years, getting rid of lay judges, introducing upfront fees etc) but workers need to understand that tribunals are not about truth and justice. They do a lot of good things still (such as with discrimination) and act as a brake but they are not the "Peoples Courts" they are not an independent arbitrator of fairness in the workplace. Instead its all about contracts and processes.

In 2005/6 only 18% of claims were successful in a full hearing and the median award in 2012 was under £5000.

That is why you need trade unions at work. Collective is best.