header-logo header-logo

03 January 2008 / Juliet Carp
Issue: 7302 / Categories: Features , Discrimination , Terms&conditions , Employment
printer mail-detail

The Right to choose not to

Should employees be punished for standing up for their views? Juliet Carp reports

Employees complain about all sorts of things: hours, clothes, food, customers, even colleagues with a different background, lifestyle or opinion. Generally, an employee must comply with his employer's instructions. If the employee refuses to do so, his employer might find a way to accommodate him. If this is impractical, or the employer is unwilling to help, it could respond by instigating disciplinary proceedings, leading to a warning or dismissal. Less formal reactions from managers or colleague might include verbal abuse, a smaller bonus or a lost promotion. The employment protection available to objectors depends on the work they are expected to do, the reasons for objection and the employer’s response. Andrew McClintock, a justice of the peace who objected to the possibility that he might be required to place children with same sex couples, claimed that he had been discriminated against contrary to the Employment Equality (Religion or Belief ) Regulations 2003 (SI 2003/1660) (the regulations). On 31

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll