Need to Know June 2010 - Employment law update

Welcome to the latest edition of Need to Know...

£60,000 for belief in climate change

The former Head of Sustainability of Grainger PLC has reached an out of court settlement of £55,000 with his former employer after the Employment Appeal Tribunal (EAT) ruled that his belief in climate change was a philosophical belief and that he was therefore protected from discrimination because of that belief.

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Bringing an employer into disrepute

The "brainstorm" session over ideas for the Papal visit was not the Foreign Office's finest hour. Once praised for its "Rolls Royce diplomacy", the publication of Team Vatican's ideas – "Benedict" condoms, opening an abortion clinic, duets with the Queen – led to personal apologies.

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Sacked Christian Counsellor finds no sympathy in Court of Appeal

Despite enlisting the support of the former Archbishop of Canterbury, Lord Carey, Gary McFarlane was refused permission to appeal to the Court of Appeal on 29 April 2010.

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Employer's Use of Disciplinary Procedure

Following the Court of Appeal decision in Dr Sameer Sarkar v West London Mental Health NHS Trust it is clear that employers cannot start an informal disciplinary procedure then switch to a more formal procedure without new evidence of serious misconduct.

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Silence is not consent

Changing terms and conditions of employment can be a logistical nightmare for HR departments. Rather than await a signed contract of employment some HR professionals have tried to rely on the absence of dissent as evidence of consent. A recent Court of Appeal decision shows this is a dangerous tactic.

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