Legal Insights on Human Rights Arguments in Discrimination Claims
Explore key cases and concepts in discrimination claims relating to human rights, including protected beliefs under Article 9 ECHR, manifestation of belief, separability in legal context, freedom of expression, and settlement agreements in various legal disputes. Gain valuable insights into the interplay between human rights principles and discrimination issues in different legal contexts.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
E N D
Presentation Transcript
Human rights arguments in discrimination claims Fergus McCombie 25 June 2024
Protected beliefs Article 9 ECHR: freedom of thought, conscience and religion Forstater v. CGD Europe [2022] ICR 1 Interplay with EQA 2010 protection for religious or philosophical belief
The manifestation of belief Eweida v. UK [2013] IRLR 231 sufficiently close and direct nexus between belief and its manifestation? Qualified right similar to freedom of expression under art.10 ECHR
Separability: the reason vs the protected characteristic Page v. NHS Trust Development Authority [2021] EWCA Civ 255 Objectionable manifestation of belief is not protected but what is objectionable?
Separability in context Higgs v. Farmor s School (Archbishop s Council Intervening) [2023] EAT 89 distinguish the fact that belief is being manifested (protected) from a justified objection to the manner of such manifestation (not protected) Ellis v. Bacon [2022] EAT 188 - identify the right comparator Kong v. Gulf International Bank (UK) Limited [2022] EWCA Civ 941 - in whistleblowing, separate the context for act from the reason for it -
Freedom of expression Extension of protection via Art.14 read with Art.10 Gilham v. Ministry of Justice [2019] UKSC 44 - a district judge officeholder Sullivan v. Isle of Wight Council [2024] EAT 3 - whistleblowing applicants
Settlement agreements Ajaz v. Homerton University Hospital [2023] EAT 142 - what has been settled? Bathgate v Technip UK Ltd and others [2023] CSIH 48 - future unknown claims? - Clifford v. IBM [2024] EAT 90
