Philosophical beliefs

06/18/19 • 30 min

If an employee feels they have been the victim of discrimination or harassment at work because of a philosophical belief, they could claim for compensation.

But what is a philosophical belief? Is fox hunting, life after death, veganism, Brexit or Scottish Independence protected under the Equality Act or is this just an opinion?

And what happens when one person's belief conflicts with another's, like Christianity and homosexuality? There is no hierarchy of beliefs so how should employers deal with this?

What impact has social media had on these cases, with it being so easy now for people to express their views on a particular topic?

Philosophical beliefs can be a tricky area for HR teams to advise on, but it's a growing issue and important to get right from a reputational and financial perspective.

TLT's employment team offers their views and shares some advice on how to deal with these cases, including the need to remain objective, listen and to have clear policies on how the company handles discrimination and bullying.

We also comment on three recent news stories including:

Brexit and how the EU Settlement Scheme is performing
CCOO v Deutsche Bank (ECJ), which suggests that the UK law on time recording might be in conflict with provisions of the European Working Time Directive
The government-led consultation on maternity rights and enhanced rights on an individual's return to work, including our thoughts on the proposals

Finally, we answer some of your questions.

Send us your questions and we'll answer them in the next episode – email [email protected] or tweet us using the hashtag #TLTemploymentpodcast and tagging @TLT_Employment

You can find out more about our employment team at tltsolicitors.com/employment

Don't forget, if you’ve enjoyed listening, please rate us and consider writing a review.

If an employee feels they have been the victim of discrimination or harassment at work because of a philosophical belief, they could claim for compensation.

But what is a philosophical belief? Is fox hunting, life after death, veganism, Brexit or Scottish Independence protected under the Equality Act or is this just an opinion?

And what happens when one person's belief conflicts with another's, like Christianity and homosexuality? There is no hierarchy of beliefs so how should employers deal with this?

What impact has social media had on these cases, with it being so easy now for people to express their views on a particular topic?

Philosophical beliefs can be a tricky area for HR teams to advise on, but it's a growing issue and important to get right from a reputational and financial perspective.

We also comment on three recent news stories including:

Brexit and how the EU Settlement Scheme is performing
CCOO v Deutsche Bank (ECJ), which suggests that the UK law on time recording might be in conflict with provisions of the European Working Time Directive
The government-led consultation on maternity rights and enhanced rights on an individual's return to work, including our thoughts on the proposals

Finally, we answer some of your questions.

Send us your questions and we'll answer them in the next episode – email [email protected] or tweet us using the hashtag #TLTemploymentpodcast and tagging @TLT_Employment

You can find out more about our employment team at tltsolicitors.com/employment

Don't forget, if you’ve enjoyed listening, please rate us and consider writing a review.

Previous Episode

Sexual harassment at work

The Me Too campaign has led to an increase in awareness of sexual harassment at work with companies needing to respond appropriately. In this episode, we look at:

how companies are responding;
how evidence is assessed at trial including emotional impact and banter;
the impact of social media on claims and investigations;
and vicarious liability for employers and the importance of training.

We look at forward-thinking initiatives from the US like the legal obligation to provide training and the use of 'love contracts' or 'relationship contracts', and whether these are likely to be used in the UK.

NDAs or 'gagging clauses' as they're often known are often misunderstood due to the way they're reported in the media – we look at what an NDA is and whether they're likely to be further regulated in the future.

We also cover the latest news, including what we can learn from the UK's gender pay gap reporting data (including for millennials) and how this regulation might evolve, including the likelihood of sanctions.

Send us your questions and we'll answer them in the next episode – email: [email protected] or tweet us using the hashtag #TLTemploymentpodcast and tagging @TLT_Employment

You can find out more about our employment team at tltsolicitors.com/employment

Finally, if you’ve enjoyed listening, please consider writing a review.

Next Episode

Summer issues

From air con wars and dress codes to live streaming sports and unexplained absences, summer can present a unique raft of challenges for HR and legal teams.

What starts off as an office moan can quickly escalate, with the most serious cases resulting in a discrimination claim.

In this episode of TLT's employment law podcast, we look at three of the "hottest" issues you might face this summer and throughout the rest of the year, including:

Air conditioning and dress codes – do office temperatures discriminate against women? Can you force employees to wear a dress code in all weathers?
Sickness and absence – how do you raise suspicious absences? How do you manage competing holiday requests? Do religious holidays take precedence? And can you or should you stop employees from working on holiday?
Distractions at work – tennis, cricket, cycling, football transfers, Love Island... is it effective to ban distractions outright?

We share some cautionary tales and some best practice advice.

We also look at the latest news headlines including tribunal system delays and the legality of positive discrimination to improve ethnic diversity, and answer your questions.

Send us your questions and we'll answer them in the next episode – email [email protected] or tweet us using the hashtag #TLTemploymentpodcast and tagging @TLT_Employment

You can find out more about our employment team at tltsolicitors.com/employment

Finally, if you’ve enjoyed listening, please rate us and consider writing a review.