What is a Section 278 Agreement?

A Section 278 Agreement is a legal agreement between a developer and a highway authority to carry out highway works.

When Does Expressing A View Count As A Manifestation Of A Protected Belief?

Employees are protected from discrimination because of a protected religion or belief. That protection can extend not only to the belief itself, but also to the way the belief is expressed or “manifested”.

However, not every act by an employee with a protected belief will be a protected manifestation of that belief.

There must be a close link between the protected belief and the act or expression. This principle comes from the case of Eweida v British Airways, which confirmed that there must be a sufficiently close connection, or “nexus”, between the belief and its manifestation.

This issue was considered recently by the Employment Appeal Tribunal in London Ambulance Service v Garrett.

Mr Garrett, a paramedic, was disciplined after stating during a workplace discussion that systemic racism does not exist. He argued that this amounted to discrimination because of his philosophical belief that all people should be treated equally regardless of race or culture.

The EAT disagreed. Although Mr Garrett’s belief in equal treatment was capable of protection under the Equality Act 2010, his comments about systemic racism were not a manifestation of that belief. The EAT found there was not a close enough link between the two. Someone could believe in equal treatment for all, while also accepting that systemic racism exists.

For HR professionals, the key lesson is that holding a protected belief does not automatically protect every statement made by an employee. When concerns arise about comments made in the workplace, it is important to consider whether those comments are genuinely connected to the employee’s protected belief. If the link is too weak, the comments themselves may not attract protection under discrimination law.

About Jon Dunkley

Jon Dunkley is a Partner at Wollens and heads up the firm’s Regulatory Department. Based at our North Devon office, Jon is a highly experienced solicitor with a broad commercial and regulatory practice, supporting businesses, professionals and senior employees across a wide range of legal issues.