Category: belief discrimination

Humanism and religious instruction in schools: the landmark case of Bowen – Law & Religion UK

Posted May 30th, 2023 in belief discrimination, Christianity, education, human rights, local government, news, statutory interpretation by sally

‘The High Court decision in R (on the Application of Bowen) v Kent County Council [2023] EWHC 1261 (Admin) makes it clear that local authorities cannot exclude humanist representatives from their Standing Advisory Councils for Religious Education (SACREs). Although many SACREs already include humanists and this interpretation has been articulated in soft law, the judgment of Constable J is unambiguous on that point and presents a significant step forward. However, the judgment also highlights how the protection of non-religious beliefs continues to be controversial and lacking in clarity. This post will explore this welcome decision while highlighting the unresolved matters concerning freedom of non-religious beliefs.’

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Law & Religion UK, 30th May 2023

Source: lawandreligionuk.com

Ordination training and employment status: Grabe – Law & Religion UK

Posted February 14th, 2023 in belief discrimination, Christianity, clergy, news, race discrimination, unfair dismissal, victimisation by sally

‘In Ms F Grabe v The United Reformed Church [2022] UKET 2204367/2012, Ms Grabe had been a candidate for the Ministry of Word and Sacrament in the URC between November 2008 and June 2012. The URC’s practice is that If a member of a local church wishes to discern a potential call to ministry, the local church refers the applicant to the regional Synod. If the Synod agrees, the candidate then attends an Assessment Conference made up of an Assessment Board and an interview with representatives of the Church’s Educational and Learning Committee, during which the candidate’s qualifications and general knowledge about the URC are ascertained and discussed. If the Assessment Board approves the candidate for ordination training the candidate and the Education and Learning Committee are so informed.’

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Law & Religion UK, 13th February 2023

Source: lawandreligionuk.com

What the latest employment tribunal statistics reveal – Mills & Reeve

Posted January 5th, 2023 in age discrimination, belief discrimination, compensation, disability discrimination, employment tribunals, news, race discrimination, religious discrimination, sex discrimination, sexual orientation discrimination by sally

‘The Government published the latest quarterly and annual statistics last month. We explore what they reveal about the volume of claims and levels of compensation.’

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Mills & Reeve, 4th January 2023

Source: www.mills-reeve.com

Maya Forstater was discriminated against over gender-critical beliefs, tribunal rules – The Guardian

Posted July 7th, 2022 in belief discrimination, employment tribunals, freedom of expression, news, transgender persons, victimisation by sally

‘A researcher who lost her job at a thinktank after tweeting that transgender women could not change their biological sex has won her claim that she was unfairly discriminated against because of her gender-critical beliefs.’

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The Guardian, 6th July 2022

Source: www.theguardian.com

Council Of Europe Criticises UK’s Treatment Of Transgender People – Each Other

Posted September 30th, 2021 in belief discrimination, freedom of expression, human rights, news, transgender persons by sally

‘The Council of Europe has published a report, adopted by a committee of parliamentarians from across the continent, which condemns the UK’s treatment of transgender people.’

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Each Other, 29th September 2021

Source: eachother.org.uk

Law and the Culture War – UK Human Rights Blog

Posted September 23rd, 2021 in belief discrimination, equality, gender, human rights, news, transgender persons by tracey

‘The judgment in Forstater v CDG Europe UKEAT/0105/20/JOJ has forced the courts yet again to grapple with the transgender debate. We have already seen the judiciary face up to the challenging issues of whether children with gender dysphoria can consent to receiving puberty blockers (see recent decision in Bell v Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363). In the present case, the issue was whether the Claimant’s belief that biological sex is real, important, immutable, and not to be conflated with gender identity was a “philosophical belief” within the meaning of section 10 of Equality Act 2010 (“EqA”).’

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UK Human Rights Blog, 21st September 2021

Source: ukhumanrightsblog.com

Maya Forstater v CGD Europe and Others – No. 5 Chambers

Posted June 24th, 2021 in belief discrimination, chambers articles, employment tribunals, news, transgender persons by sally

‘What does it mean for a belief to not be worthy of respect in a democratic society? In Maya Forstater v CGD Europe and Others UKEAT/0105/20/JOJ, the Employment Appeal Tribunal sought to answer this question.’

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No. 5 Chambers, 11th June 2021

Source: www.no5.com

Is a philosophical belief in Stoicism a protected belief under section 10 of the Equality Act? Yes it is, says London South Employment Tribunal – 3PB

Posted October 27th, 2020 in belief discrimination, disability discrimination, dyslexia, employment tribunals, equality, news by sally

‘C was dismissed for refusing to apologise for offending his colleagues. C’s position was that he had mixed up his words due to his dyslexia. The offence that he had caused was unintentional. He had refused to apologise, or to apologise sufficiently, for that reason. He asserted that he was being required to communicate in a way that could not be misinterpreted, and that as a Stoic this was something that he could not do.’

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3PB, 7th October 2020

Source: www.3pb.co.uk

Judge dismisses legal challenge by humanists, finds weddings discrimination to be justified with Law Commission review – Local Government Lawyer

Posted August 4th, 2020 in belief discrimination, declarations of incompatibility, human rights, marriage, news by sally

‘A High Court judge has dismissed a legal challenge brought by six couples who are humanists and who complained that the legal recognition of different forms of religious wedding ceremony under English law does not similarly extend to weddings carried out in accordance with their humanist beliefs.’

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Local Government Lawyer, 3rd August 2020

Source: www.localgovernmentlawyer.co.uk

After tribunal’s ethical veganism ruling, what is a protected belief? – The Guardian

Posted January 7th, 2020 in belief discrimination, equality, news, veganism by sally

‘The right to philosophical and religious beliefs – or to no belief – is in effect a similar category of protection to that afforded to sex, race, disability or age under the Equalities Act 2010, according to Sarah Chilton, a partner at the law firm CM Murray.’

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The Guardian, 3rd January 2020

Source: www.theguardian.com

Judge rules against charity worker who lost job over transgender tweets – The Guardian

Posted December 19th, 2019 in belief discrimination, dismissal, freedom of expression, gender, news, transgender persons by sally

‘A researcher who lost her job at a charity after tweeting that transgender women cannot change their biological sex has lost a test case because her opinions were deemed to be “absolutist”.’

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The Guardian, 18th December 2019

Source: www.theguardian.com

TaxPayers’ Alliance concedes it launched smears against Brexit whistleblower – The Guardian

Posted November 12th, 2018 in belief discrimination, brexit, lobbying, news, referendums, unfair dismissal, whistleblowers, wrongful dismissal by tracey

‘The rightwing pressure group the TaxPayers’ Alliance has conceded that it illegally sacked the whistleblower Shahmir Sanni for revealing unlawful overspending in the Brexit referendum campaign, in a case that could have a major impact on how lobbyists are described in the media.’

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The Guardian, 11th November 2018

Source: www.theguardian.com

League Against Cruel Sports in legal battle with vegan ‘whistleblower’ – The Guardian

Posted June 18th, 2018 in belief discrimination, charities, equality, news, pensions, unfair dismissal, veganism, whistleblowers by sally

‘A leading animal welfare charity is locked in an acrimonious legal dispute with a former employee who claims he was dismissed for telling colleagues that its pension fund invested in companies that have been involved in animal testing.’

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The Guardian, 16th June 2018

Source: www.theguardian.com

General Pharmaceutical Council guidance on religion, personal values & beliefs – Law & Religion UK

Posted June 26th, 2017 in belief discrimination, equality, medical ethics, news, pharmacists, religious discrimination by sally

‘The General Pharmaceutical Council – the independent regulator for pharmacists, pharmacy technicians and pharmacy premises in Great Britain – has published In practice: Guidance on religion, personal values and beliefs.’

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Law & Religion UK, 24th June 2017

Source: www.lawandreligionuk.com

Scientology case has judges debating the meaning of religion – The Guardian

Posted July 19th, 2013 in belief discrimination, marriage, news, registrars, religious discrimination, Supreme Court by sally

“Five supreme court justices have spent a day wrestling with notions of God, nirvana and what constitutes worship in an attempt to decide whether Scientologists may conduct weddings.”

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The Guardian, 18th July 2013

Source: www.guardian.co.uk

Gay marriage: freedom of speech and conscience – Halsbury’s Law Exchange

Posted July 17th, 2013 in belief discrimination, bills, civil partnerships, conscientious objection, equality, freedom of expression, homosexuality, marriage, news, sexual orientation discrimination by sally

“At the beginning of 2013 11 countries allowed gay marriage to be performed. By the middle of the year that number had increased to 15 with more to come. Some states in the US and Mexico also allow gay marriages to take place and some jurisdictions recognise same-sex marriages conducted elsewhere but do not perform them. While civil partnerships were introduced throughout the UK in 2004, England and Wales and Scotland look likely to be the next jurisdictions to allow same-sex marriage. The Marriage (Same-Sex Couples) Bill 2012-13 to 2013-14 regarding England and Wales is already in the House of Lords and the Marriage and Civil Partnership (Scotland) Bill has just been introduced. Northern Ireland, by contrast, looks set to stick solely with civil partnerships (and will recognise the other jurisdictions same-sex marriages as such).”

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Halsbury’s Law Exchange, 16th July 2013

Source: www.halsburyslawexchange.co.uk

Lady Hale gives the Alison Weatherfield Memorial Lecture at the Employment Lawyers Association – Supreme Court

Posted July 16th, 2013 in belief discrimination, defences, disability discrimination, human rights, judges, news, race discrimination, religious discrimination, sex discrimination, sexual orientation discrimination, speeches by sally

Lady Hale gives the Alison Weatherfield Memorial Lecture at the Employment Lawyers Association (PDF)

Supreme Court, 10th July 2013

Source: www.supremecourt.gov.uk

Anti-Semitic teacher loses tribunal claim that his views are a legitimate ‘philosophical belief’ – The Independent

Posted July 8th, 2013 in belief discrimination, equality, freedom of expression, Judaism, news, racism, teachers by sally

“A primary school teacher sacked after allegations of anti-Semitic abuse has lost his attempt to argue that his views were a ‘philosophical belief’ covered under the Equality Act.”

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The Independent, 5th July 2013

Source: www.independent.co.uk

Atheists challenge churches’ free parking permits – The Guardian

Posted June 3rd, 2013 in belief discrimination, local government, news, parking by sally

“Many churches give out holy communion wine and wafers to the faithful. In Woking, Surrey, congregations can also queue up to have their free parking permits validated. But this privilege of churchgoing, however, is about to be challenged.”

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The Guardian, 2nd June 2013

Source: www.guardian.co.uk

New equality guidance “recommends best practice” rather than creates new rights, says expert – OUT-LAW.com

Posted April 10th, 2013 in belief discrimination, employment, equality, freedom of expression, news by sally

“Guidance on how employers should deal with requests made by employees in relation to religion or belief does not create new rights, but rather recommends ‘good practice’ to help employers comply with existing laws, an expert has said.”

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OUT-LAW.com, 10th April 2013

Source: www.out-law.com