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Insights

Keep up to date with all that’s happening here at BPE, and read about the latest trends and issues in the law profession.

Employment

Is it religious discrimination to discipline an employee for promoting their religious beliefs to a colleague?

Under UK employment law and the European Convention on Human Rights, employees have the basic right to hold and manifest religious beliefs. However, this is not an absolute right, and there have been many highly publicized cases where employees have been disciplined or even dismissed for “imposing” their beliefs on others or for manifesting them in a way which contradicts their employers’ policies or practices or which infringes other human rights. For example, the case of a Christian registrar who was disciplined for refusing to conduct civil partnership ceremonies because they were against her religious beliefs. Employers, therefore, have the unenviable task of seeking to balance the different religious beliefs and human rights of their employees against the needs of running a business. A recent Employment Appeal Tribunal case has shed further light on this area.

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Employment

Whistleblowing - Allegation or Information?

In the recent case of Kilraine v London Borough of Wandsworth, the EAT provided a reminder that it is not good enough for an employee to just raise concerns or allegations to qualify as a protected disclosure – they must disclose information in order to be have the protection of the whistleblowing legislation. The EAT in this case highlighted however that allegations and information are often intertwined and that a disclosure may also include allegations.

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