In this issue:
- European Court of Human Rights rules for the first time on Anti-Gay case
- Showing homophobia and transphobia the Red Card
- Job sharing seen as critical for retaining senior women
- What’s a philosophical “belief” and what isn't
- Dismissal for unauthorised time off for pilgrimage was not discrimination
- Requirement to work Sundays was not religious discrimination.
- Age discrimination in the provision of services and public functions.
- Equality and Diversity Crossword
European Court of Human Rights rules for the first time on Anti-Gay case
The European Court of Human Rights (ECHR) has
handed down its first ever ruling on anti-gay “hate” speech, in a Swedish case
where a group of young men put a hundred or so leaflets in or on the students’
lockers at a secondary school. The leaflet said:
“In the course of a few decades
society has swung from rejection of homosexuality and other sexual deviances to
embracing this deviant sexual proclivity. Your anti-Swedish teachers know very
well that homosexuality has a morally destructive effect on the substance of
society and will willingly try to put it forward as something normal and good.
–Tell them that HIV and AIDS appeared
early with the homosexuals and that their promiscuous lifestyle was one of the
main reasons for this modern-day plague gaining a foothold.
–Tell them that homosexual lobby
organisations are also trying to play down paedophilia, and ask if this sexual
deviation should be legalised.”
The Swedish courts convicted them of
“agitation against a group of
persons with allusion to sexual orientation” and were fined or given suspended
sentences (quite lenient sentences in the scale of things).
The
men appealed to the ECHR invoking Article 10 (freedom of expressions).
In a
very thoughtful and well argued decision, the court balanced the right to “freedom of expression” against whether
interference by the Swedish state was prescribed by law and “necessary in a democratic society…for the
protection of the reputation or rights of others” (article 10(2)). After
considering these issues they found that their convictions were lawful.
This
judgement is extremely welcome as a milestone in the recognition of gay rights.
It recognises the State’s ability to limit anti-gay or indeed other forms of
hate speech, at least in schools and probably in other areas as well. But the
full decision is worth reading to see the complex balancing acts that were
undertaken, and the complexity and controversial nature of the issues involved.
Read
the full case at: http://tinyurl.com/6oma578
Showing homophobia and transphobia the Red Card
Premier league clubs show homophobia and transphobia the red card
All 20 premier league football clubs have signed up to the Government's
sports charter to tackle homophobia and transphobia in sport. There are
currently no gay professional players in the UK who are prepared to be “out” in
public. In signing the voluntary charter launched by the Home Office, the clubs
have pledged to challenge discrimination and work to rid football of homophobic
and transphobic abuse both in the stands and on the field.
See Home office press release at: http://tinyurl.com/86abfez
Job sharing seen as critical for retaining senior women
The ability to offer a reduced-hours working week is a critical
factor for the retention and progression of women, according to new research
from Working Families. Some 87% of those surveyed said that having the ability
to job share meant the difference between staying with a company, or leaving.
Moreover, 61% of senior women surveyed said they would like the opportunity to
job share.
Oder report at: http://tinyurl.com/7j55cx2
What’s a philosophical “belief” and what isn't
Three Employment Tribunal cases have come to some interesting conclusions
about what a “belief” is under the Equality Act 2010 protection from
discrimination on grounds of “religion or belief”.
I feel particularly pleased with the one about vegetarianism, as
I have been saying in training sessions that this is likely to be covered by
the legislation since the regulations became law in 2003 (now superseded by the
Equality Act 2010)
Basically they concluded as follows:
"public service broadcasting (BBC values) has the higher purpose of promoting cultural interchange and social cohesion" is held to be a philosophical belief. Maistry v BBC [2011] EqLR 549 (ET/1313142/10, 29 Mar 2011
Beliefs about the relationship between human beings and animals, which include a commitment to vegetarianism and sympathy for Buddhism, fall within the religion or belief discrimination legislation”. Alexander v Farmtastic Valley Ltd and others (ET/2513832/10, 13 Oct 2011)
A claimant's belief that it is necessary to show respect to those who gave their lives by wearing a poppy was not a philosophical belief for the purposes of the religion or belief discrimination legislation. Lisk v Shield Guardian Co and others [2011] EqLR 1290 (ET/3300873/11, 27 Sep 2011)
Dismissal for unauthorised time off for pilgrimage was not discrimination
An employment tribunal has found that dismissal
for taking unauthorised leave to go on a pilgrimage was not direct or indirect
religious discrimination. It found the employee had not been treated any less
favourably than other employees in similar circumstances. It also found that
the employer's rules prohibiting the taking of holidays during busy periods did
not put Catholics at a particular disadvantage as there was no religious
requirement to go on a pilgrimage.
Moise v Stretton Ltd [2012] EqLR 91(ET/3203326/09, 10 Nov 2011)
Requirement to work Sundays was not religious discrimination
An Employment Tribunal found that an employee who
refused to work on Sundays as he is a Jehovah's Witness was not discriminated
against, either directly or indirectly, on religious grounds where all staff
were on a rota and Sunday working was shared out equally. It was a
proportionate means of achieving a legitimate aim.
Patrick v IH Sterile Services Ltd [2012] EqLR 92 (ET/3300983/11, 7 Nov 2011)
Age discrimination in the provision of services and public functions
The Government has decided to delay a decision on
implementation of its proposed ban on age discrimination in the provision of
services, which it had envisaged bringing into force in April 2012.
Ministers are still considering the scope for and content of
any exceptions from the ban, in the light of responses to the consultation in
2011. The Government considers it preferable to take a little more time both to
get the decision right and to give businesses and others affected more time to
prepare and adjust as necessary.
Any ban is unlikely to come into effect before October 2012
and the Government will set out a way forward in due course.
Equality and Diversity Crossword
In the last few newsletters I
have included a game or quiz. This month it is a World religions crossword from
York College. You will need to go to the following web-site to complete it.
There are also helpful tips (and answers): http://tinyurl.com/79wfkm9
****************
No comments:
Post a Comment