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In brief

In an article for PLC Magazine, Monica Kurnatowska explores recent case law around conflicts of belief in the workplace and how employers can approach these situations in practice with hypothetical scenarios. Monica identifies the key principles that emerge from the case law that employers should take into consideration, namely:

  1. The importance of freedom of speech and expression
  2. There is no right not to be offended
  3. Consider the context – determining whether something is objectionable will be context specific
  4. Do not make assumptions about an employee’s views or what an individual might do
  5. Ensure your policies are clear and employees are regularly given training that all beliefs are treated equally
  6. The importance of even-handed leadership
  7. The need to handle complaints with care
  8. Take a balanced approach

Key takeaways

This article first appeared in the September 2023 issue of PLC Magazine. Click here to access the full briefing. 

To discuss what these issues mean for your business, please get in touch with your usual Baker McKenzie contact.

Author

Monica Kurnatowksa is a partner in the Firm’s London office. She is recognised by The Legal 500 and Chambers UK as a leading individual. Chambers say she has “impressive experience of handling complex employment disputes and advisory matters for major clients. She is known for her expertise in trade union matters.” "The breadth of her experience is phenomenal." "She is an outstanding lawyer who provides a first-class service while juggling the intense demands of running high-profile matters on behalf of her clients. She is unflappable, courteous and extremely knowledgeable”. Monica is a member of the Consultation Board of PLC Employment On-line and is a regular speaker at internal and external seminars and workshops.

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