Jump to content
House Price Crash Forum

Archived

This topic is now archived and is closed to further replies.

wherebee

Employment Law Vs Discrimination Law

Recommended Posts

Somethink just struck me.

If an employer asks an employee whether:

i) homosexuality should be allowed

ii) people should be allowed to renounce Islam

of all employees, and a section answer negatively, does that mean they can sack them without compensation due to the discrimination legal implications (i.e. the employee places the business at risk by holding views which will lead to a risk of legal action against the company). Or does it not pass the 'reasonable grounds for dismissal' test?

Share this post


Link to post
Share on other sites

Somethink just struck me.

If an employer asks an employee whether:

i) homosexuality should be allowed

ii) people should be allowed to renounce Islam

of all employees, and a section answer negatively, does that mean they can sack them without compensation due to the discrimination legal implications (i.e. the employee places the business at risk by holding views which will lead to a risk of legal action against the company). Or does it not pass the 'reasonable grounds for dismissal' test?

It would certainly call into question the employee's ability to work within its Equality & Diversity policies, and thus the law. However, I think the employer would have to wait until the law/policy was broken before taking action on dismissal.

Share this post


Link to post
Share on other sites

I think an employer asking that kind of question is straying well outside what's allowed. So if they try and do anything (even if it's for very good reasons), the employee now has a weapon against them.

Share this post


Link to post
Share on other sites

I have never bean asked those questions!

Share this post


Link to post
Share on other sites

^^^ Exactly, why would they ask and why would an employee answer?

JP Morgan has done something very similar during the past few weeks.

But surely it is actions that matter? If an employee believes something that is discriminatory but acts in a non-discriminatory way then that is acceptable. Going further is, to say the least, sinister and totalitarian.

Share this post


Link to post
Share on other sites

Why would they even need to ask?

Increasing numbers of employment contracts (currently hi end but bound to spread) demand access to your social media accounts as a condition of employment.

They can learn themselves all they want from that!!

Share this post


Link to post
Share on other sites

I'm not on facebonk or *********! I only appear here occasionally

Share this post


Link to post
Share on other sites

But surely it is actions that matter? If an employee believes something that is discriminatory but acts in a non-discriminatory way then that is acceptable. Going further is, to say the least, sinister and totalitarian.

You mean like ACPO when they banned BNP membership from the police?

[for the avoidance of doubt, I agree entirely with what you wrote]

Share this post


Link to post
Share on other sites

You mean like ACPO when they banned BNP membership from the police?

[for the avoidance of doubt, I agree entirely with what you wrote]

I didn't know that!

I was thinking along those lines though - where an employer can ban membership of certain political/religious groups due to the beliefs and actions of those groups. For example, a school sacking a teacher who was a member of a pro-paedo group.

Share this post


Link to post
Share on other sites

You mean like ACPO when they banned BNP membership from the police?

[for the avoidance of doubt, I agree entirely with what you wrote]

I think there's a little bit of a difference in the way it's reasonable to treat people with various views who don't act on them and those that do, and joining a group that trumpets those views is acting on them. But in general I also agree, life is full of having to act with a bit of self-control.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 members

    No registered users viewing this page.

  • The Prime Minister stated that there were three Brexit options available to the UK:   224 members have voted

    1. 1. Which of the Prime Minister's options would you choose?


      • Leave with the negotiated deal
      • Remain
      • Leave with no deal

    Please sign in or register to vote in this poll. View topic


×

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.