Unfair Dismissal – Contract of Employment – Religion or Belief Discrimination – The EAT considered the interpretation of ss. 108(4) of the Employment Relations Act 1996 and in particular whether the ERA enabled an employee to claim unfair dismissal in the first two years of employment where the dismissal ‘relates to’ political opinions or affiliation. Held that where the putative unfair dismissal was because the employee had asked for permission from her employer to stand as a candidate in a General Election and where it was expressly accepted by the Claimant that her employer’s refusal was unconnected to her political opinions or membership of the Scottish Labour party and where her terms of contract contained a political neutrality clause, ss. 108(4) did not apply. Since the employee had been dismissed prior to completing two years of employment her claim was therefore excluded by the ERA. Held further that the Claimant’s protected characteristic under s. 10 of the EA had been established. The EJ was satisfied that she believed in participatory democracy and that her belief in this connection met the Grainger test. There was no basis upon which to hold that the EJ’s decision was flawed. Appeal allowed in part and refused in part.
Citations:
[2022] EAT 114
Links:
Jurisdiction:
England and Wales
Employment
Updated: 25 August 2022; Ref: scu.679860
