Archive
Month: July 2022
Tribunal decision – gender-critical beliefs may be protected by the Equality Act
A recent tribunal decision has shown that individuals holding gender-critical beliefs may be protected under the Equality Act 2010 (EQA).
Background
The individual was engaged as a consultant and posted a series of opinions on her personal social media account regarding amendments to the Gender Recognition Act. Her belief was that “biological sex is real, important, immutable, and not to be conflated with gender identity”.
Colleagues complained that her comments were offensive and following an investigation, her consultancy agreement was not renewed. The tribunal found her beliefs amounted to a genuine philosophical belief for the purposes of the EQA meaning that Act therefore protected her. The tribunal decided that she was discriminated against, as the reason for not renewing her consultancy was because she’d voiced her beliefs.
Practical takeaways
Policies and training – freedom of expression must be balanced with respect for others. Through training and policies, the importance of respectful communication and behaving with dignity can be reminded, along with where to turn if individuals have concerns.
Colleague care – consider helplines and colleague champions to remind those with concerns of the routes to redress.
Manager support – ensure managers understand your policies and who is there to support them in managing any concerns raised within their team.
Our Intelligent Employment platform includes a gender identity policy to support you to champion a workplace environment where everyone feels included with the freedom to express themselves – find out more about accessing Intelligent Employment.
Gender Identity | 21 July – sign up for our latest webinar
In celebration of Pride, we’ve joined forces with GIRES (the Gender Identity Research & Education Society) to bring you practical, real-world guidance on gender identity (click here for all the detail). Join our webinar on 21 July 2022 @ 10 am and register your place today!
This update is accurate on the date it was sent (12 July 2022), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
Tribunal decision – whistleblower awarded over £462,000
The Employment Appeal Tribunal (EAT) has awarded over £462,000 in compensation after a nurse was found to have been unfairly dismissed for voicing her intention to launch whistleblowing proceedings.
Background
Over a 10-month period, a nurse raised various concerns with her manager regarding the health and safety of patients and colleagues, as well as her intention to start a formal whistleblowing process. She was suspended under the guise of gross misconduct relating to her leadership, despite having 38 years of unblemished service. The EAT dismissed the employer’s appeal finding that the threat of whistleblowing was in fact the reason for her dismissal (not misconduct).
Practical takeaways
Unlimited compensation – this case is a stark reminder that the cap on compensation is removed in whistleblowing cases (and there’s no requirement for an individual to have two years’ service to bring a claim).
Policies and training – it might not always be blatantly obvious if an employee is ‘blowing the whistle’ (unlike in this case). Training your managers on your internal policies, how to spot whistleblowing and how to deal with it effectively reduces litigation exposure and creates a culture of ownership and proactivity.
If there’s any doubt as to whether an employee has ‘blown the whistle’, securing advice early is key to ensure you’re able to manage the situation proactively and minimise risk – Intelligent Employment is here to help. Get in touch to find out more.
This update is accurate on the date it was sent (07 July 2022), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
Sign up! Culture Calendar – helping you shape the future
Want some help shaping the future? Our new ‘Culture Calendar’ brings you thought-provoking, disrupting, trend-setting conversations supporting individualism, engagement and innovation.
In celebration of Pride, we’re kicking off the conversation with gender identity. We’ve joined forces with GIRES (the Gender Identity Research & Education Society) who’ll give practical, real-world guidance on gender identity. Join our webinar on 21 July 2022 @ 10 am and register your place today!
GIRES will help us to understand the difference between gender identity, gender expression and a person’s sex, the appropriate language and terminology to use, how to support colleagues with gender identity throughout the employment journey, and supporting those transitioning. We’ll explain the protection our employment laws offer those affected.
Join our webinar on 21 July 2022 @ 10 am and register your place today!
Halborns is part of the Empowering People Group, and together we’re committed to raising awareness and supporting our clients with gender identity conversations to advance equality and eliminate discrimination in the workplace.
Gender Identity Research & Education Society
GIRES is a UK wide organisation whose purpose is to improve the lives of trans and gender diverse people of all ages, including those who are non-binary and non-gender. GIRES provide training for businesses to support a proactive and inclusive approach to inclusivity and understanding, as well as providing coaching and support directly for gender diverse people and the challenges they experience.