I believe: Mulberry bags a victory in the Employment Appeal Tribunal

legal updates

A belief which is not a religious belief may be a philosophical belief.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

It is, of course, well known that religion or belief is a protected characteristic under the Equality Act 2010.

Belief means any religious or philosophical belief and includes a lack of belief. Religious belief’ goes beyond beliefs about and adherence to a religion or its central articles of faith and may vary from person to person within the same religion.

A belief which is not a religious belief may be a philosophical belief. Examples of philosophical beliefs include Humanism and Atheism. A belief need not include faith or worship, but must affect how a person lives their life or perceives the world.

An interesting aspect of the concept of belief was recently put to judicial scrutiny at the Employment Appeal Tribunal in Gray v Mulberry Company (Design) Ltd.

Ms Gray claimed she was indirectly discriminated on grounds of her belief. Ms Gray works for Mulberry as a handbag designer. Ms Gray refused to sign a copyright agreement which would confer on the company intellectual property rights in respect of any work she would carry out in relation to Mulberry’s business. Ms Gray protested as she was passionate that individuals should own and profit from their work, suggesting it was a “spiritual practice” of identity and human rights. Ms Gray was then dismissed and claimed discrimination on the grounds of her belief.

The claimant conceded that she held her belief in private. The Employment Appeal Tribunal was satisfied she did nothing to express her belief and in consequence her belief was not capable of being protected under the Equality Act 2010. The Tribunal went further and stated the dismissal was due to Ms Gray’s refusal to sign the agreement, not because of her belief, and hence she could not be directly discriminated because other belief. In considering indirect discrimination, the Tribunal found that the requirement to sign the copyright agreement was proportionate means to protect the employer’s legitimate interest.

Connected Car FinanceReady to take the connected approach?

We’re here to ensure all used car dealerships deliver a better car finance experience for their customers. With over 4,000 approved dealer partners we ensure you are properly supported and connected with a range of flexible finance options, allowing you to lend and your customers to buy in complete confidence.

Kiril MoskovchukTrainee SolicitorRead More by this author

Related Legal Updates

Extension of Redundancy Protection for Pregnancy and New Parents

Explore the strengthened redundancy protections for new parents with significant amendments to maternity, adoption, and shared parental leave rights, effective from April 2024, ensuring enhanced job security during critical family milestones.

Changes to Flexible Working

Unveil the new landscape of flexible working rights with the Employment Relations (Flexible Working) Act 2023, now granting ‘day-one’ rights to employees and setting a precedent for more adaptable workplace practices effective from 6 April 2024.

New employment legislation effective from 6 April 2024

Enhanced employee rights, offering day-one entitlements to carer’s leave, flexible working arrangements, and extended redundancy protection for pregnant employees and those on family leave.

Wages increasing from 1 April 2024

With effect from 1 April 2024, the hourly rates of pay are…

Employment Law: Carer’s Leave

The regulations explicitly safeguard employees from any detriment or dismissal resulting from taking or seeking to take carer’s leave.

Employment Law: Annual Leave Changes

Several significant changes came into force on 1 January 2024 that affect the statutory annual leave and pay entitlements.

The office Christmas party season is here

Where an employee makes comments concerning a person’s body parts or style of dress that are intended to be good-natured but are perceived as offensive…

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.