The Court of Appeal has held that dismissing an employee for a social media post expressing gender critical beliefs and beliefs on same sex marriage was disproportionate, and therefore discriminatory. This decision confirms the legal tests for balancing conflicting protected beliefs, underscoring the basic principle that employees have the right to manifest their religious or philosophical beliefs, subject only to limited, objectively justifiable exceptions. While the post was arguably offensive to some gay and/or trans people, expressing a protected belief that is offensive to others does not by itself justify disciplinary action; there must be something objectively objectionable in the manner of expression. This is a high threshold; merely “intemperate” language is not sufficient.

The new duty on employers to take reasonable steps to prevent sexual harassment of employees will come into force on 26 October 2024. Following a consultation during the summer, the Equality and Human Rights Commission has published an eight-step guide to preventing sexual harassment at work and made further updates to its technical guidance on sexual harassment and harassment at work

The Employment Appeal Tribunal has upheld an employment tribunal’s decision that an employee was precluded from bringing disability discrimination claims against his employer as they had been validly waived under a prior settlement agreement. The decision confirms the Court of Session’s decision in Bathgate v. Technip Singapore PTE Ltd that unknown future claims can be validly waived under a settlement agreement although the drafting will need to be absolutely clear in this respect.