There are several problems with the judgment in Forstater v CGD Europe and Ors (case no 2200909/2019) (“Forstater”). Some of these have been highlighted by Amir Paz-Fuch in his recent analysis on this blog, ‘Principles into Practice: Protecting Offensive Beliefs in the Workplace’. In this blog post, I look more at the specific findings of the Employment Tribunal and whether they are sustainable. I shall consider this issue in light, in particular, of the holdings of the High Court in R(Miller) v College of Policing and A’or[2020] EWHC 225 (Admin).
Image by Mizter_X94 from Pixabay
In analysing the judgment in Forstater, it is important to identify first what the Employment Tribunal Judge was required to decide. The Claimant’s (“C”) claim had been listed to determine the answer to a single question: whether the beliefs relied upon by C (in support of…
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