Should employees be punished for standing up for their views? Juliet Carp reports
Employees complain about all sorts of things: hours, clothes, food, customers, even colleagues with a different background, lifestyle or opinion. Generally, an employee must comply with his employer's instructions. If the employee refuses to do so, his employer might find a way to accommodate him. If this is impractical, or the employer is unwilling to help, it could respond by instigating disciplinary proceedings, leading to a warning or dismissal. Less formal reactions from managers or colleague might include verbal abuse, a smaller bonus or a lost promotion. The employment protection available to objectors depends on the work they are expected to do, the reasons for objection and the employer’s response. Andrew McClintock, a justice of the peace who objected to the possibility that he might be required to place children with same sex couples, claimed that he had been discriminated against contrary to the Employment Equality (Religion or Belief ) Regulations 2003 (SI 2003/1660) (the regulations). On 31 October the Employment Appeal Tribunal (EAT) in McClintock v Department
