Indirect religious discrimination

Can a worker be dismissed for refusing to leave a partner convicted of unrelated criminal conduct with which the dismissed worker was not involved?   This question was considered in the recent case of Pendleton v Derbyshire County Council & Anor (Religion or Belief Discrimination) [2016] UKEAT 0238 15 2903.  The facts of this case were…

An employee’s right to privacy – are your emails protected?

One of the most common issues encountered by employers today is whether emails sent by employees are able to be used in disciplinary proceedings against them.  Are they the private property of the employee or can an employer use them as evidence if they have an effect on their employees/the workplace? In the case of…

Christian who told lesbian work colleague that homosexuality is a sin was victim of discrimination

It seems that barely a month passes without religion and law conflicting in the area of protection from discrimination. I have written recently about the obvious dilemma when seeking to provide protection in respect of conflicting protected rights and by far the most obvious conflict is between religion or philosophical belief and the others. This…

does a finding of gross misconduct always justify dismissal?

It may seem an obvious reply. Surely gross misconduct, once established, has destroyed the employment relationship at such a fundamental level that it cannot realistically continue. The question was considered by the Employment Appeal Tribunal in Brito-Babapulle v Ealing Hospital NHS Trust. Ms Brito-Babapulle was a consultant haematologist at Ealing Hospital. Pursuant to the terms…