Human rights | Equality, diversity and human rights | Employment law cases | HR Tools

Cases on appeal

Cases on appeal provides news on key case law developments that are expected.

Religion or belief discrimination: Gender-critical belief is protected, EAT holds

Date:: 16 June 2021

In Forstater v CGD Europe and others, the Employment Appeal Tribunal held that the consultant's belief that sex is biologically immutable amounts to a philosophical belief within the meaning of the Equality Act 2010.

Dismissal for involvement with HR website violated human rights

Date:: 27 November 2019

In Herbai v Hungary, the European Court of Human Rights held that a worker's right to freedom of expression was violated when the employer dismissed him due to his involvement with a website devoted to HR issues.

Supreme Court: District judges are protected by whistleblowing legislation

Date:: 14 November 2019

In Gilham v Ministry of Justice, the Supreme Court unanimously held that whistleblowing protection extends to judicial officeholders.

Covert CCTV surveillance of Spanish shop workers did not violate right to privacy

Date:: 18 October 2019

In López Ribalda and others v Spain, the European Court of Human Rights held that Spanish shop workers' right to privacy was not violated when a supermarket secretly installed hidden cameras to monitor employee thefts.

Dismissal for inappropriate religious conversations was fair, rules Court of Appeal

Date:: 21 May 2019

In Kuteh v Dartford and Gravesham NHS Trust, the Court of Appeal held that the NHS trust fairly dismissed a Christian nurse for initiating inappropriate conversations about religion with patients in breach of a lawful management instruction.

Criminal record checks: "Multiple convictions rule" breaches human rights

Date:: 31 January 2019

In R (on the application of P) v Secretary of State for the Home Department and other appeals, the Supreme Court held that the criminal record checks rule requiring disclosure where a person has more than one conviction, regardless of the circumstances of the offences, is incompatible with the European Convention on Human Rights.

No direct sexual orientation discrimination in Christian bakery's refusal to make "gay cake"

Date:: 11 October 2018

In Lee v Ashers Baking Co Ltd and others, the Supreme Court held that a Christian bakery did not commit direct sexual orientation discrimination in the provision of goods and services when it refused to fulfil a cake order with a message in support of same-sex marriage.

Criminal records: disclosure of acquittal did not breach job applicant's human rights

Date:: 8 August 2018

In R (on the application of AR) v Chief Constable of Greater Manchester Police and another, the Supreme Court held that, although the disclosure of the appellant's acquittal for rape was an interference with his human rights, it was justified. However, the Court expressed concern at the lack of guidance for employers on how to deal with disclosures of serious criminal charges that result in acquittals.

Human rights: Covert CCTV surveillance of Spanish shop workers violated right to privacy

Date:: 18 January 2018

In López Ribalda and others v Spain, the European Court of Human Rights held that Spanish shop workers' right to privacy was violated when a supermarket installed hidden cameras without their knowledge to monitor employee thefts.

Employment law cases

All items: Human rights

Cases on appeal

Religion or belief discrimination: Gender-critical belief is protected, EAT holds

Dismissal for involvement with HR website violated human rights

Supreme Court: District judges are protected by whistleblowing legislation

Covert CCTV surveillance of Spanish shop workers did not violate right to privacy

Dismissal for inappropriate religious conversations was fair, rules Court of Appeal

Criminal record checks: "Multiple convictions rule" breaches human rights

No direct sexual orientation discrimination in Christian bakery's refusal to make "gay cake"

Criminal records: disclosure of acquittal did not breach job applicant's human rights

Human rights: Covert CCTV surveillance of Spanish shop workers violated right to privacy

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