Employment tribunals and protected characteristics: Implications for Employers
Two key cases in the tribunal courts last week have implications for Employers when considering protected characteristics.
Kristie Higgs, a Christian school administrator, succeA Professional Comparison ofssfully appealed her dismissal at the Court of Appeal after being terminated for sharing Facebook posts criticising LGBTQ+ lessons in schools. The court ruled that her dismissal constituted unlawful discrimination based on religion or belief, as protected by the Equality Act 2010. The judges determined that the language of her posts and the potential reputational damage were insufficient grounds for dismissal, especially since she had not displayed discriminatory attitudes at work.
This ruling provides significant guidance for employers on balancing the expression of religious and philosophical beliefs with workplace policies. It emphasises that employees are entitled to express controversial views, provided they are not expressed in an objectively objectionable way. Employers must carefully consider the actual impact of such expressions on job performance and avoid knee-jerk reactions.
Key Points from the Case:
Case: Kristie Higgs was dismissed for sharing Facebook posts criticising LGBTQ+ lessons.
Ruling: The Court of Appeal ruled her dismissal was unlawful discrimination based on religion or belief.
Implications: The posts were deemed insufficient grounds for dismissal as they did not display discriminatory attitudes at work. The ruling emphasises the need for employers to balance the expression of religious beliefs with workplace policies. Legal experts highlighted the importance of proportionality and thorough investigation before making dismissal decisions based on social media activity.
Comparison with Voodooism Case:
Case: A council worker claimed harassment after a colleague commented that she was like a voodoo doll with needles in its eyes.
Ruling: The tribunal ruled that voodooism is a protected religious belief but dismissed the harassment claim.
Key Points: The comment was intended to convey exhaustion, not to target the claimant. The tribunal distinguished between voodooism as a belief system and the voodoo doll as a cultural misrepresentation. The ruling underscores the complexities of defining religious beliefs in law and the importance of context in harassment claims.
Common Themes:
Both cases involve the protection of religious beliefs under the Equality Act 2010.
Both rulings emphasise the importance of context and intent in determining discrimination and harassment claims.
Legal experts stress the need for employers to carefully consider the impact of employees' expressions of belief on their job performance and workplace environment.
Differences:
The Christian school worker case focuses on social media activity and its implications for employment, while the voodooism case centres on workplace comments and their interpretation.
The Christian school worker's dismissal was overturned, highlighting the protection of religious expression, whereas the voodooism case dismissed the harassment claim, emphasising the need for clear evidence of intent to harass.
Key Takeaways for Employers:
Non-Discrimination: Ensure that all employment practices, including hiring, promotions, and terminations, are free from discrimination based on any protected characteristic.
Inclusive Policies: Develop and implement policies that promote inclusivity and respect for all employees, regardless of their protected characteristics.
Training and Awareness: Provide regular training for all employees, especially managers, on recognising and preventing discrimination and harassment.
Reasonable Adjustments: Make reasonable adjustments to accommodate employees with disabilities, ensuring they have equal opportunities to succeed.
Complaint Procedures: Establish clear procedures for employees to report discrimination or harassment, and ensure complaints are handled promptly and fairly.
Proportionality and Context: When addressing issues related to protected characteristics, consider the context and proportionality of any actions taken, as highlighted in recent legal cases.
Freedom of Expression: Balance employees' rights to express their religious and philosophical beliefs with the need to maintain a respectful and inclusive workplace.
Regular Reviews: Regularly review and update workplace policies to ensure they comply with current laws and best practices.
By understanding and respecting these protected characteristics, employers can create a more inclusive, fair, and productive work environment. These principles not only comply with legal requirements but also contribute to a positive workplace culture where all employees feel valued and respected. As the workplace continues to evolve, staying informed and proactive in upholding these protections is more important than ever.