Welcome to our monthly newsletter, with a summary of the latest news and developments in UK employment law.
In this issue:
Case law updates
Compensation: Discrimination – philosophical belief: The Employment Appeal Tribunal (EAT) has allowed an appeal against a tribunal’s finding that a claimant was not discriminated against when she was dismissed after a series of personal Facebook posts criticising the teaching of gender fluidity in schools. The respondent, a school, successfully argued in the employment tribunal (ET) that the claimant was not dismissed because of her gender-critical views (accepted to be a protected belief), but rather because of concerns arising from the perceptions created by the posts. However, the EAT has remitted the case for re- determination as the ET had failed to properly consider, in a context where there was a close connection between the posts and the beliefs, and when applying a proportional approach, whether objection could justifiably be taken to the way in which the claimant manifested her beliefs. The EAT was reluctant to lay down explicit guidelines for cases like these, although it did set out some basic principles underpinning the approach to proportionality where rights of freedom of expression, religion and belief collide (see paragraph 94). (Higgs v. Farmor’s School)
Discrimination – philosophical belief: Another philosophical belief case this month is a...
Sevindik Huseynov, a citizen of Azerbaijan, pleaded guilty in federal court today to three counts of health care fraud in connection with a $137 million scheme targeting Medicare Advantage Program...