Employment Law Update (June 2009)

How Environmentalism is like Religion

The potential impact of the recent extension of the law against discrimination on the grounds of religion or belief has been highlighted by a recent employment tribunal case concerning an environmentalist.  The tribunal has ruled that "environmentalism" is capable of being a belief that is protected by the law.

Employers can readily understand that discrimination against employees because of their religion is likely to be unlawful, but there has always been doubt about how far the protection goes for people who are not claiming to have any religious belief, but have other deeply-held convictions or beliefs. This case is not binding on other tribunals, but provides a useful indication of how far the law might go to protect such people.

Of course, everyone can argue they have sincerely-held beliefs and the question for employers wanting to avoid discrimination claims is how far the law protects them.  The bad news is that it is by no means clear, and only case law (cases heard in the higher courts and tribunals which are then binding on lower courts and tribunals) will help decide this – but this will take many years.  The good news is that the law is now becoming clearer.

To count as a belief protected by the law, it must:

• Be cogent;
• Be serious;
• Have cohesion and importance;
• Be worthy of respect in a democratic society;
• Affect the way the person leads their life.

How can I protect my business?

The Mentor service is designed not only to keep you in touch with legal developments such as this, but to help and guide you through situations when they arise.  When you call our Telephone Advice Service you are speaking to a professional employment law consultant whose job it is to listen carefully, check all the facts, ask the right questions and use their legal know-how to give you advice that will help you deal with the matter.

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