A journalist's belief in "higher purpose" of public service broadcasting. A violinist's humanist beliefs. A belief in the importance of tackling climate change. An ex-serviceman's belief in importance of wearing poppy in November. Beliefs about government conspiracies behind the 9/11 and 7/7 terrorist attacks. And now a salesperson's belief of the importance of not lying to customers to make a sale. We round up the eclectic list of beliefs that claimants have argued before tribunals constitute "philosophical beliefs" under equality legislation.
FOUND TO BE "PHILOSOPHICAL BELIEFS"
Christian telesales agent alleges dismissal for refusal to lie to customers
Hawkins v Universal Utilities Ltd t/a Unicom
This employment tribunal held that a Christian telesales agent's belief that potential customers should not be deceived to obtain sales could be protected under the Equality Act 2010. However, the claimant lost his case because he did not present sufficient evidence that his former employer had required him to lie to potential customers.
Violinist who criticised concert in newspaper not directly discriminated against because of "humanist" beliefs
Streatfeild v London Philharmonic Orchestra Ltd
An employment judge has struck out as having "no reasonable prospect of success" the claim of direct religion or belief discrimination brought by a violinist whose name was on a letter published in the Independent newspaper protesting against an invitation to the Israel Philharmonic Orchestra to perform at the 2011 Proms. However, the tribunal did conclude that humanism meets all of the criteria to be a philosophical belief.
Journalist's belief in "higher purpose" of public service broadcasting is philosophical belief
Maistry v BBC
An employment tribunal has held that a former BBC employee's belief that "public service broadcasting has the higher purpose of promoting cultural interchange and social cohesion" is a philosophical belief for the purposes of discrimination legislation.
Asserted belief about climate change capable of protection as "philosophical belief"
Nicholson v Grainger plc
An employment tribunal found that an employee's belief that "mankind is heading towards catastrophic climate change and therefore we are all under a moral duty to lead our lives in a manner which mitigates or avoids this catastrophe for the benefit of future generations, and to persuade others to do the same" is capable of being a philosophical belief under the Employment Equality (Religion or Belief) Regulations 2003. The case went to the Employment Appeal Tribunal, which set out the test for tribunals to follow when deciding whether or not a belief constitutes a "philosophical belief" under equality legislation.
Ex-serviceman's belief in importance of wearing poppy in November not philosophical belief
Lisk v Shield Guardian Co Ltd
In a pre-hearing review, an employment judge has held that an ex-serviceman's stated belief that "we should pay our respects to those who have given their lives for us by wearing a poppy from All Souls' Day on 2 November to Remembrance Sunday" is not a philosophical belief under the Equality Act 2010.
Beliefs about "evil" and "satanic" conspiracy behind 9/11 and 7/7 not philosophical belief
Farrell v South Yorkshire Police Authority
This unusual case concerned whether or not an employee's beliefs that the terrorist attacks of 9/11 and 7/7 were carried out by the US and UK Governments, and were part of a "gigantic" and "evil" conspiracy, are capable of being protected as "philosophical beliefs" under discrimination law.
A round-up of links to stories about employment tribunal rulings reported in the week beginning 6 May 2013, during which a tribunal found that a dental nurse was constructively dismissed after warnings over eating an apple while on reception, using her mobile for personal calls, and going on Facebook during work time.
Dental nurse wins case after being given written warning for eating apple (on the Daily Telegraph website) A dental nurse who was given a written warning by bosses for eating an apple has won a case for constructive dismissal against the surgery.
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Employment tribunal decisions reported on XpertHR Equal pay: need to offer potential new recruit competitive salary was genuine material factor The employer in Webster v National Physical Laboratory persuaded the employment tribunal that a difference in pay between the female claimant and a newer male recruit was caused by its need to offer him a competitive salary to get him to take the job. |
Race discrimination employment tribunal highlights "serious issues" at Camden Council (on the Ham and High website) New guidelines relating to redundancy procedures have been issued at Camden Council following an employment tribunal which upheld claims of racial discrimination.
I can hold my head high after "ruthless dismissal" victory (on the Kent Online website) The former manager of the charity that runs the Landmark Centre in Deal can now rebuild her career after winning her case against a "ruthless" unfair dismissal.
Sacked guesthouse manager wins €15k for unfair dismissal (on the Irish Independent website) A former guesthouse manager, sacked on Valentine's Day 2011, has been awarded €15,300 by the Irish Circuit Civil Court for unfair dismissal.
"The Apprentice" star Stella English breaks her silence after her tribunal battle with Lord Sugar (on the Hello Magazine website) Sassy Stella English, the winner of the 2010 series of The Apprentice is bouncing back after her employment tribunal case with Lord Sugar, and is fashioning a new career inspired by Victoria Beckham.
]]>A round-up of links to stories about employment tribunal rulings reported in the week beginning 29 April 2013, during which a tribunal rejected an age discrimination claim by a police officer who left after being chosen for redeployment, despite the tribunal describing the police force's cost-cutting exercise as "shambolic".
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Employment tribunal decisions reported on XpertHR Age discrimination: police force's cost-cutting exercise "shambolic" but not discriminatory In age discrimination case Osoba v Chief Constable of the Hertfordshire Constabulary, the police successfully defended a claim by a police officer who left after being chosen for redeployment, but not before the employment tribunal described its cost-cutting exercise as "shambolic" and "to some degree incompetent". |
Unison wins unfair dismissal claim for workers transferred from Barnet to Croydon or Lancing (on the Unison website) Unison has won unfair dismissal claims in Besagni and others v NSL and RR Donnelly for six parking enforcement workers who were made redundant when the services they provided were sold off to a private company and their jobs relocated from Barnet to Croydon or Lancing.
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Employment tribunal decisions reported on XpertHR (see also Podcast: Illegality-related dismissals) Fair dismissal of foreign worker who could not prove right to work in the UK Employment tribunal case Winful v Whitbread Group plc arose from a situation in which the employer felt that it had no option but to dismiss a foreign worker who lost her right to work in the UK. Fair dismissal of security supervisor who did not hold required security licence In Cook v Wilson James Ltd, a private security contractor, which needed most employees by law to hold a security licence, fairly dismissed an employee who did not have the required documentation. |
Former housekeeper wins victimisation case against boss (on the Daily Telegraph website) A former housekeeper has won £43,000 compensation after she was bullied by her boss.
Tribunal rules Perthshire teacher's sacking was unfair (on the Courier website) A schoolteacher who suffered from Asperger's syndrome was unfairly dismissed and discriminated against by Perth and Kinross Council because of his disability, an employment tribunal has ruled.
Owner of gay sauna awarded €25k compensation over unfair dismissal (on the Limerick Leader website) The manager of a hotel leisure centre who was dismissed after he opened a gay sauna has been awarded more than €25,000 in compensation.
]]>Commerzbank "victimised" employee over discrimination case, tribunal rules (on the Guardian website) City banker Latifa Bouabdillah was "victimised" by her bank after it discovered she was suing her former employer for sexual discrimination, a tribunal has ruled.
See also: Legal opinion: Victimisation for not informing employer of discrimination claim (on the Personnel Today website).
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Employment tribunal decisions reported on XpertHR Capita fails to provide agency workers information in collective redundancy consultation Tribunal decision Unison v Capita Business Services Ltd provides another reminder to employers after Unison v London Borough of Barnet and another of the information on agency workers that they are required to produce during redundancy consultation. The obligation has existed since amendments to legislation made on 1 October 2011. |
Virgin Atlantic job name change race claim by Max Kpakio dismissed (on the BBC website) A man born in the African country of Liberia who accused Virgin Atlantic of racial discrimination has had his case dismissed.
Woman awarded £12,293 for sexual harassment at work (on the BBC website) A woman who suffered sexual harassment at work has been awarded £12,293 by an industrial tribunal.
Tribunal rules in favour of Laurieston firefighter (on the Falkirk Herald website) Fire chiefs have been criticised after a female firefighter was found to be unfairly dismissed. Anne Marie Macdonald was demoted two ranks following an investigation by Central Scotland Fire and Rescue Service over her alleged conduct.
]]>Chef with nut allergy can claim disability discrimination (on the Kidderminster Shuttle website) A chef has been told that he can go ahead with a compensation claim for disability discrimination against his employer - because he is allergic to nuts.
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Employment tribunal decisions reported on XpertHR Disability discrimination: tribunal considers when "learning difficulties" become a disability In Northern Ireland case O'Neill v Barnardo's and others NIIT/00201/12, the tribunal considered the dividing line between an individual having a learning disability and simply having difficulty with literacy or numeracy. |
Stella English loses constructive dismissal case against Lord Sugar (on the Personnel Today website) The Apprentice winner Stella English has lost her high-profile unfair dismissal case against Lord Sugar's Amshold Group.
Venue staff win tribunal battle over wages (on The Stage website) An employment tribunal has awarded more than £10,000 in unpaid wages to three staff members of the Brixton Club House, the south London venue that recently hosted a revival of Boy George musical Taboo.
Sellafield contractor loses unfair dismissal case (on the News and Star website) A former Sellafield contract worker has lost a tribunal against his former employer.
]]>The news that Kent youth PCC Paris Brown has resigned after a Twitter row and two police employees resigned in 2012 for misuse of Facebook (on the BBC website) suggests that employers are still having issues with employees' social media activities. We round up ten employment cases involving Facebook.
Facebook entry and YouTube video led to amateur model's dismissal
Gill v SAS Ground Services UK Limited ET/2705021/09
Employers can use entries on websites such as Facebook and YouTube as evidence in disciplinary proceedings, as this case demonstrates.
Facebook page criticising employer did not justify dismissal
Stephens v Halfords plc ET/1700796/10
Employees' entries on social media critical that are of their employer will not always justify dismissal, as this case demonstrates.
Abusive Facebook comments led to pub shift manager's dismissal
Preece v JD Wetherspoons plc ET/2104806/10
In this case, an employee's inappropriate use of Facebook after a workplace incident led to her summary dismissal.
Employee who commented on Facebook that she worked "in a nursery" was unfairly dismissed
Whitham v Club 24 Ltd t/a Ventura ET/1810462/10
An increasing number of tribunal cases involve employees making work-related comments on Facebook. This case shows that derogatory comments will by no means always justify dismissal.
Apple's dismissal of employee for adverse Facebook comments not unfair or breach of human rights
Crisp v Apple Retail (UK) Ltd ET/1500258/11
In this case, one of the world's most prominent consumer technology companies, Apple, used its policies and procedures to dismiss fairly an employee who had made several Facebook posts that it considered could damage its reputation.
Sabotage of heterosexual employee's Facebook page to suggest he is gay was sexual orientation harassment
Otomewo v Carphone Warehouse Ltd ET/2330554/2011
This decision is a reminder to employers and employees that it is possible for a heterosexual employee to be subjected to sexual orientation discrimination, even if the harasser knows that the employee is not gay.
Breach of contract of employee demoted for Facebook comments on civil partnership ceremonies
Smith v Trafford Housing Association [2012] EWHC 3221 (Ch) HC
The High Court upheld a breach of contract claim against a housing trust that demoted a Christian manager who said on Facebook that holding civil partnership ceremonies in churches is "an equality too far".
Employee fairly dismissed over "Dante's Inferno" Facebook comments
Weeks v Everything Everywhere Ltd ET/2503016/2012
The employment tribunal held that the claimant was fairly dismissed after making threats on Facebook to a colleague who had reported him to the employer for his frequent references to his workplace as "Dante's Inferno".
B&Q worker unfairly dismissed for Facebook comments about workplace
Trasler v B&Q Ltd ET/1200504/2012
The employment tribunal held that the claimant was unfairly dismissed for comments on Facebook about his workplace, although his compensation was reduced by 50%.
Telecoms firms ordered to pay £100,000 national minimum wage arrears (on the HMRC website) Two telecommunications companies have been ordered to pay wage arrears of almost £100,000 to 197 of their call centre telesales workers.
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Employment tribunal decisions reported on XpertHR (see also: Three easy steps for line managers to integrate transferred employees and Podcast: TUPE) TUPE transfers: catering manager's protests over stricter approach to working hours In Williams v Talkington Bates Midland Ltd, the employer had to deal with the common scenario of a transferred employee taking exception to being required to stick more strictly to contractual working hours. TUPE transfers: different ways of working and new client types not substantial changes to working conditions In Donovan v JD Services HVAC Ltd and others, the employment tribunal held that a heating engineer whose new employer had different types of client and required him to do more of his own administration work did not suffer substantial changes to his working conditions to his material detriment after a TUPE transfer. |
Blackburn teacher's anger after unfair dismissal A teacher has vowed never to set foot in a classroom again after being judged unfairly dismissed from a Blackburn high school.
]]>Some commentators have pointed out that the final wording of the Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013 is important because, if it is the same wording as the draft version, the new rules apply where a proposal is "made" on or after 6 April 2013 for 100 or more redundancies, which could cause confusion.
Update (9 April): The final version of the Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013 was published on the UK legislation website on 9 April 2013.
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