Human rights

New and updated

• Type:

  Employment law cases

  Anti-Zionism is a protected philosophical belief, rules tribunal

  In Miller v University of Bristol ET/1400780/22, the employment tribunal held that the professor's anti-Zionist beliefs are protected under the Equality Act 2010, and that his summary dismissal was an act of direct philosophical belief discrimination and unfair.

• Date:

  13 June 2022

  Type:

  Podcasts and webinars

  Podcast: Remote monitoring of homeworkers

  Jo Broadbent, counsel knowledge lawyer at Hogan Lovells, discusses the legal and best practice issues for employers in relation to the remote monitoring and surveillance of homeworkers.

• Type:

  Employment law guide

  Human rights

  Updated to include a reference to Masiero and others v Barchester Healthcare Ltd, in which the EAT held that the dismissal of employees who had refused to be vaccinated against COVID-19 was not incompatible with their art.8 rights. 

• Type:

  Employment law cases

  Religion or belief discrimination: Gender-critical belief is protected, EAT holds

  In Forstater v CGD Europe and others, the Employment Appeal Tribunal held that the consultant's belief that sex is biologically immutable amounts to a philosophical belief within the meaning of the Equality Act 2010.

• Type:

  Employment law cases

  Dismissal for involvement with HR website violated human rights

  In Herbai v Hungary, the European Court of Human Rights held that a worker's right to freedom of expression was violated when the employer dismissed him due to his involvement with a website devoted to HR issues.

• Type:

  Employment law cases

  Supreme Court: District judges are protected by whistleblowing legislation

  In Gilham v Ministry of Justice, the Supreme Court unanimously held that whistleblowing protection extends to judicial officeholders.

• Type:

  Employment law cases

  Covert CCTV surveillance of Spanish shop workers did not violate right to privacy

  In López Ribalda and others v Spain, the European Court of Human Rights held that Spanish shop workers' right to privacy was not violated when a supermarket secretly installed hidden cameras to monitor employee thefts.

• Type:

  Employment law cases

  Dismissal for inappropriate religious conversations was fair, rules Court of Appeal

  In Kuteh v Dartford and Gravesham NHS Trust, the Court of Appeal held that the NHS trust fairly dismissed a Christian nurse for initiating inappropriate conversations about religion with patients in breach of a lawful management instruction.

• Type:

  Employment law cases

  Criminal record checks: "Multiple convictions rule" breaches human rights

  In R (on the application of P) v Secretary of State for the Home Department and other appeals, the Supreme Court held that the criminal record checks rule requiring disclosure where a person has more than one conviction, regardless of the circumstances of the offences, is incompatible with the European Convention on Human Rights.

• Type:

  Employment law cases

  No direct sexual orientation discrimination in Christian bakery's refusal to make "gay cake"

  In Lee v Ashers Baking Co Ltd and others, the Supreme Court held that a Christian bakery did not commit direct sexual orientation discrimination in the provision of goods and services when it refused to fulfil a cake order with a message in support of same-sex marriage.