Chair: Paul Wilson, St Philips Chambers

David and Sam will consider the Grainger criteria, with particular focus on the fifth criterion, which has attracted much judicial attention recently; this is the criterion that the belief must be “worthy of respect in a democratic society, be not incompatible with human dignity and not conflict with the fundamental rights of others.” They will discuss how protection is not absolute and the application of the proportionality principle in recent cases such as Forstater. They will also offer some practical tips for when advising employers and representing in Tribunal.