The Court of Appeal has heard an interesting case relating to the tricky mix of protected beliefs and social media. The Equality Act 2010 provides that it is against the law to discriminate against anyone because of things such as age, marriage, rase or disability. These are known as 'protected characteristics' and this definition includes religion or belief. This means that someone is protected in law from discrimination due to their religion or belief.
The Equality Act 2010 says that:
- religion means any religion
- belief means any religious or philosophical belief.
Not having a religion or belief has the same legal protection as having a religion or belief. The law does not set out a list of religions or beliefs. An Employment Tribunal (ET) can decide if someone's beliefs are protected by the law.
In the recent case, the claimant was dismissed from the school where she worked because she had posted messages on her personal Facebook account opposing the teaching in schools, and in particular in primary schools, of 'gender fluidity' and that same-sex marriage is equivalent to marriage between a man and a woman. Her belief that such teaching is wrong is derived from her Christian faith. Most of the text of the posts was not her own but was copied from other posts. A parent at the school had seen the posts and complained to the Headteacher.
The claimant was dismissed from her post and she brought proceedings in the ET for unlawful discrimination on the grounds of religion or belief contrary to the Equality Act 2010. The ET held that her beliefs about gender fluidity and same-sex marriage were protected by the Act; however, her claim was dismissed on other grounds.
The case ended up in the Court of Appeal which concluded that the claimant who expressed her protected beliefs on social media posts had been unlawfully dismissed. There were various reasons given, but employers and employees should note that the evidence of risk to the school's reputation was slight given the limited access to her Facebook account. The Court concluded that: 'In those circumstances, although the Claimant's conduct was unwise, dismissal was a disproportionate sanction.'
This case should act as a salutary reminder to anyone that they must be careful when expressing views on social media. But employers should also ensure that their policies and procedures are up to date as set out clear boundaries and expectations. Taking specialist employment advice could save a lot of time and money.
To discuss this or any other employment matter, contact us.