Conflict in protected characteristics

Conflicts arising in respect of different protected characteristics have come to the fore in a number of recent high profile cases, particular in the context of sex, sexual orientation and gender critical beliefs.

In this podcast, we discuss recent cases in this area, including Higgs v Farmor’s School and Maya Forstater v CGD Europe. An area which is also a cause for concern is the difficulties employers have in policing workplace conversations and adopting a zero tolerance approach to conversations that may cause offence to others.

The sensitivities surrounding many of the reported employment tribunal cases have led to mainstream news headlines and perhaps this is one of the reasons that employees are becoming much more aware of their rights to voice their views and the potential limitations on employers to limit discussions and moderate behaviours.

Conduct of employees causing offence to others is often dealt with by disciplinary action but since the Equality Act introduced religion or belief as a protected characteristic in 2003 employers have had to be mindful that any disciplinary action or other treatment does not amount to discrimination based on that individual holding that protected belief. Initially most cases focused on religion as the definition of “belief” was less clear.

Speakers for this episode include Employment Partners, Rebecca Thornley-Gibson and Rustom Tata.