11KBW Employment Podcast
Higgs v Farmor: Manifestation of belief
Jul 26, 2023
Hannah Slarks, an expert in employment law, delves into the significant legal decision of Higgs v Farmor’s School. She explains the interplay between belief discrimination tests and human rights law. The conversation explores direct and indirect discrimination nuances in the workplace, especially concerning gender-critical beliefs. They examine the complexities of Article 9 and highlight recent tribunal cases, advocating for clearer legal guidance. Hannah also shares insights on how the Equality Act continues to shape discrimination interpretations, emphasizing the importance of structured legal analysis.
24:52
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Quick takeaways
- The podcast highlights the distinction between direct and indirect discrimination under the Equality Act, emphasizing how each type applies to personal beliefs.
- The discussion of the Higgs case illustrates the challenges in evaluating the connection between an employee's beliefs and their workplace conduct.
Deep dives
Understanding Direct vs. Indirect Discrimination
The podcast delves into the complexities of distinguishing between direct and indirect discrimination under the Equality Act in the context of cases involving discrimination due to personal beliefs. Direct discrimination occurs when an individual is treated unfavorably due to a protected characteristic, such as disability. For instance, if an employee is dismissed solely for being disabled, this is clear-cut direct discrimination, with no justification permissible. In contrast, indirect discrimination arises when a workplace policy applies to everyone but disproportionately affects individuals with a protected characteristic, giving employers room to argue for justification of the policy.
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