This session is repeated at 2.30pm

Social media enables employees to share their views on controversial issues with a wide audience – including colleagues and others who come into contact with their employer. Grievances or complaints often follow, regardless of whether comments are made in a work context. Employers understandably want to emphasise their commitment to diversity and inclusion and may feel the need to take disciplinary action against an “offending” employee. Yet freedom of belief and expression are cornerstones of a democratic society.

The session is designed to assess how these issues apply in the workplace and what this means for employers and their employees. Is it an employer’s job to hold the ring or do their rights and responsibilities go further than that?

• The meaning of belief – the latest cases on what qualifies as a protected belief and what they tell us about how tribunals are interpreting Nicholson v Grainger
• Issues in manifestation of belief
  • The distinction between holding a belief and a manifestation of belief
  • Is manifestation direct or indirect discrimination?
  • The close connection question – the reason why or just context?
  • The objectionable manifestation question – the role of proportionality?
• The interaction with harassment
• Practical tips for handling disputes

ELA recognises that some of the beliefs that will be discussed in this session are sensitive and generate strong feelings. The session will explore the legal issues; it is not designed to engage with or express views on the merits of the beliefs themselves.