What constitutes a philosophical belief and is supporting a Football club a philosophical belief?

How to determine a philosophical belief?

Under the Equality Act 2010, religion and belief are protected characteristics, meaning an employee should not be discriminated against due to their belief or lack of belief.  Belief may cause some confusion in the workplace, as it is incorporated with religion and philosophical belief is not defined as clearly as religion is defined.

Philosophical belief is part of employment laws and is complex to understand, employers must tread carefully when dealing with situations involving philosophical beliefs ensuring not to discriminate. Employers should seek advice from HR consultants and remind themselves of the Equality Act 2010, as it sets the president for a philosophical belief. 

In order to claim a philosophical belief, the belief held must meet 5 characteristics and impact how the person interacts in society;

The 5 characteristics of a philosophical belief

  1. Be genuinely held
  2. Be a belief rather than a viewpoint/opinion based on information available
  3. Be a belief having a substantial impact on human behaviours and life
  4. Reach certain levels of seriousness, importance, and cogency
  5. Respected in a democratic society, one cannot have conflict against others’ fundamental rights and the belief is capable of coexisting with human dignity.

Is supporting a Football club a Philosophical belief?

In the case of McClung V Doosan Babcock Ltd & Others in Scotland, McClung brought forward a discrimination claim, and an unfair dismissal claim under the Equality Act 2010, claiming discrimination based on religion and belief grounds.

McClung has been a Rangers Football supporter for 42 years which is an intrinsic part of his life and has a ‘buzz’ on days when Rangers are playing. To support his claim, he also stated the other aspects of being a Rangers fan including showing loyalty to the Monarch and Northern Ireland. Furthermore, stating his support and being a member of Rangers Football Club has the same importance as others attending Church.

The claimant cited that a manager purposely did not offer him work due to the manager being a Celtic fan and this manager was discriminating against McClung due to being a Rangers fan.

The Employment Tribunal came to the conclusion that Mr. McClung supporting Rangers did not fall into discrimination against religion or belief under the Equality Act 2010. Supporting Rangers Football club did not amount to any of the 5 characteristics outlined above and was simply supporting a particular football club, seen as a personal lifestyle choice and not a belief.

Alternatively, if this particular case was tried in Northern Ireland, the claimant could have cited discrimination based on their political belief, due to the nature of this particular case involving a Celtic fan and a Ranger fan.

 

Examples of successful claims for philosophical belief

Is veganism a philosophical belief?

Ethical veganism has been determined to be a philosophical belief, in the case of Casamitjana Costa v The League Against Cruel Sports in Wales and England found that ethical veganism is a philosophical belief meaning it is protected under employment laws. However, vegetarianism was found not to be a philosophical belief but rather a lifestyle choice during the case of Conisbee v Crossley Farm Ltd & others.

If a claimant is raising a claim based on the belief of ethical veganism, they must provide sufficient evidence their reasons for being vegan are based on animal welfare and/or environmentalism but not solely for health purposes making it a lifestyle choice rather than belief.

Can belief in Climate Change amount to a philosophical belief?

In the case of Nicholson v Grainger plc, the claimant filled unfair dismissal claims with discrimination on religion and belief grounds, arguing his belief in the environment and climate change fell into the Equality Act 2010 (in particular Employment Equality Regulations 2003 for religion and beliefs) protection. Mr. Nicholson believes “mankind is towards catastrophic climate change”, leading to Mr. Nicholson changing his life including how he travelled, influenced how he shopped and ate/drank alongside managing any waste he produced.

The Employment Tribunal held up his claim and found his belief to fit with the definition of philosophical belief under the Employment Equality Regulations 2003 for religion and beliefs.

Managing philosophical beliefs at work

Employers that are making quick conclusions about what is a philosophical belief and what is an opinion, need to be wary of tribunal cases.  Prior to making conclusions, employers should fully investigate the claims and consult with the employee in question. This will provide a wider picture of the situation and a stronger understanding of the belief.

We recommend consulting with our HR consultants when managing claims of philosophical beliefs at work, HR consultants can provide clarity on employment laws and help in identifying if the belief is a lifestyle choice/opinion or in fact is a philosophical belief.

The FIFA World Cup 2022: Managing Absence and Monitoring Working from Home Employees  

The FIFA world cup 2022 kicks off on Sunday 20th November in Qatar with many of the games being played during traditional UK working hours, which could potentially cause distraction and lower productivity in the workplace. Employers may feel they need to increase their monitoring of employees working from home and review how they are managing absence effectively.

Employers may experience a higher level of requests for the same period of annual leave and change of shifts, furthermore, sickness absence may increase and the productivity of those employees working from home may decrease on match days, creating a greater need for managing absence in the workplace.

In 2021, Wales had the highest sickness absence rate in the UK at 2.8%, and England with 2.1%. Both countries are playing in the 2022 World Cup and are starting in the same group in the opening stages.  Employers may want to be vigilant when the teams are playing and consider the possibility of incorporating the FIFA World Cup into the workplace (this doesn’t mean streaming the game on a TV). 

Absence management policy

If employers aren’t managing absence effectively, it may impact the overall performance of the company. Particularly in the hospitality industry which is already experiencing staff shortages putting remaining employees under increased pressure. Employers should use this time to review their absence management policy highlighting this to staff in order to keep absenteeism to a minimum.

The busy festive period is beginning for many businesses including retail and hospitality, reiterating the need for effectively managing absence during the FIFA World Cup.

Alternatively, leave requests could be considered on a first-come, first-served basis during this period however consideration of business needs is a priority. Employers mustn’t be seen to give preference to one particular group over another, as there could be a risk of discrimination claims, for example, giving preference to male employees for leave over female employees.

What to include in an absence management policy

Absence Notification procedure

  • Who the employee needs to contact if they are unable to attend work
  • The time absence must be reported by, such as at least 1 hour before start time
  • Whether communication should be via a phone call or text message, indicating if an email is unacceptable
  • Providing the reason for absence and potentially how long the employee will be absent – employers may ask for this information if it is not provided by the employee.

Procedure for repetitive absenteeism and poor timekeeping

  • Companies should be keeping a record of each employee’s absence and the reasons for absence, to identify absence patterns and act on them appropriately.
  • Employees with repetitive absence or those who are frequently late to work may face disciplinary action
  • Poor timekeeping may increase when alcohol is consumed, so employers should remind employees that attending work under the influence of alcohol may lead to disciplinary.

Leaving the premises during working hours

  • Prior permission is required before an employee leaves the premises or if remote employees take time off. Employees may be subject to disciplinary action if these procedures aren’t followed.
  • Employers may also want to consider remote/hybrid employees who may potentially work from other environments which are not their homes, including taking work laptops to pubs to watch the World Cup.

Return to work procedure (optional)

  • Conducting return-to-work interviews following every absence will help prevent unnecessary sickness absence as employees are required to give a valid reason for missing work.
  • Following a return-to-work interview template is advised – we can provide your business with this template.

Another policy to consider is the internet and social media policy, which may decrease the likelihood of misuse of social media or the internet at work during match times.

The internet and social media policy may include the company’s stance on using company laptops for personal use or repetitive use of social media in the workplace. Furthermore, social media policies may include reference to harassment and bullying online, employees should be reminded of this as excitement or tension during matches may lead to unnecessary content going online which an employee may later regret.

How to monitor employee performance whilst working from home

Those working from home (full-time or hybrid working) may think they have an advantage in watching the world cup, however, may not be fulfilling their job responsibilities during this time even if a match is on as ‘background noise’.

Whilst there has been a shift from employees being present to employee outputs, monitoring employee performance whilst working remotely is more important.

Businesses should be

  • Having regular meetings to discuss performance and highlight any areas of concern
  • Setting clear objectives for employees
  • Determining the level of management/supervision required
  • Recognising good performance
  • Addressing performance issues proactively
  • Providing feedback to employees

There are signs you can look out for in underperforming remote/hybrid employees if you believe they are not being truthful about their whereabouts, these include;

  • Poor response time to emails
  • Not meeting deadlines
  • Missing unscheduled teams/video calls
  • Noisey backgrounds during calls
  • Refusal to turn on the camera on video calls or keeping themselves on mute

Bringing the World Cup into the workplace

The FIFA World Cup could be used to benefit employee morale, boost employee satisfaction, and positively impact business performance. Companies may allow employees to listen to radio coverage of the games as they work or be more flexible to allow employees to take their authorised break times around the matches.

Streaming of the semi-finals and the final may be used as a team bonding activity. However, employers should be reminded of being in the work environment and that over-enthusiastic celebrations or excitement/tension may hinder their judgment or professionalism.

The excitement or tension of football matches may lead to offensive or discriminatory comments made towards another team’s nationality or the characteristics of the team’s players. Employers may want to consider carefully if the consumption of alcohol is allowed during matches being viewed at work as this may lead to employees raising grievances.

Managing absence in the workplace

If your business is currently experiencing issues with how they are managing absence, contact our HR consultants today for guidance on improving how your business is managing absence or to assist in the development of workplace policies to safeguard your business against claims.

The Great Reshuffle

The Great Reshuffle

Are you struggling to find talented and experienced candidates for job vacancies due to the great reshuffle? People changing careers has soared by 50% globally causing the biggest change in the recruitment market and skill shortages rising.

Unemployment rate has fallen to 4.3% following the pandemic leading to an employee-driven market. Employers need to consider improvements to their company culture, recruitment process and online employer branding.

Considerations to your online reviews from the customer and ex-employees contribute to your online employer branding. Candidates are more likely to research a company to gather an opinion. Candidates look at the company’s social media channels, online customer testimonials and some utilise Glassdoor helping to provide insights to company culture from employee reviews.

The top priority for candidates is work life balance, however the fastest growing priority was flexible working arrangements which grew by 12.3% from April 2020 to June 2021. Are you highlighting your flexibility within your job description? Candidates appreciate companies who are transparent within the job description, for example, including hybrid opportunities to including the salary range. Another transparency tip is to ensure the companies name  is within job advertisement.

Companies being flexible to remote working is not providing a work-life balance culture. If employees are expected to work after office hours and weekends for ‘business needs’, this isn’t a work-life balance culture.

Recruitment Process during the great reshuffle

What is your recruitment process, are you carrying interviews out by video call or face-to-face, or both? Pre-pandemic 94% of final interviews were carried out face-to-face, post-pandemic this figure has dropped to 17%.  Are you willing to adapt your interview process to be flexible if candidates ask for a video call interview?

Improvements to your interview process is critical, candidates who have a bad interview experience change their mind on the role. Things to consider is the number of interviews, interview questions, and highlighting the benefits of working with your business.

For new generations especially Gen-Z (1997-2012), having clear career progression within a company can be a pull to accepting a role. This is a great company benefit.  Furthermore, focusing on an inclusive and diverse workforce is putting greater pressure on companies. To attract new generations, they must ensure their workforce highlights diversity and inclusivity.

Interview Questions

Interview questions can help the candidate to form opinions on the business,  a report by LinkedIn highlighted 5 interview questions which could be adapted or removed:

  1. ‘We’re going to give you a quick test.’ – candidates should be made aware of test prior to interview and not come as a surprise.
  2. ‘What salary range are you looking for.’ – this question can cause pay inequality due to candidates basing this off pervious salary bases.
  3. ‘What would your last boss say about you’ or ‘what would your friends say about you.’ – realistically candidates are going to provide positive and encouraging answers.
  4. ‘Do you know what we do here.’ – this question can be stressful for candidates; it may be more beneficial to ask ‘What is it about our company that made you apply’
  5. ‘Why are you looking to leave your current employment.’ – this question gets candidates heart racing, trying to ensure they don’t come across negatively.

At Beyond HR, we can support your business in your recruitment process to ensure a positive experience for candidates. We can also help in providing advice for onboarding new employee whether its remote or in-office onboarding. 

Check out our recruitment page or drop us an email for any recruitment needs you may require.