in response to equally daft questions. Here's a few we came up with: Q: Dear tarmac laying team. Could I wax my back on
DON’T TRY THIS IN HAWAII An eruption of nonsense
HEADSPACE AT WORK A masterclass on your staff’s mental health
AN UNEASY ALLIANCE A gay vicar brings a claim against a Bishop
Your weekly bulletin of wit & wonder in the world of…
Wg Employment Issue 603/May 2018 Summer time! Yes, as of today we are in summer time! And a whole new set of daft behaviours kick off; the ritual charring of meat by men in their gardens with oversized forks, kids wielding pump-action water cannons; people burning the back of their necks red raw because sun cream is annoying. And then there’s the Hawaiians… turning sugar and gelatin into horrific black eruptions. My Unsurprising Health Warning of the Week Award has to go to the folks at the US Geological Survey. According to the Huffington Post this week, the US Geological Survey has been issuing advice on Twitter relating to the slowly and continuously erupting Kilauea Volcano in Hawaii. @JayFurr enquired: “Is it safe to roast marshmallows over volcanic vents? Assuming you had a long enough stick, that is? Or would the resulting marshmallows be poisonous?” You can almost hear the collective sigh of the US Geological Survey as it responds: “Erm... we're going to have to say no, that's not safe. (Please don't try!) If the vent is emitting a lot of SO2 or H2S, they would taste BAD. And if you add sulphuric acid (in vog, for example) to sugar, you get a pretty spectacular reaction.” Huffington Post, to its credit, then offers up a short video of precisely what happens to marshmallow when heated over volcanic gases - see it HERE… seriously, you wouldn’t want to eat that! Here at WG Towers we did wonder what other stupidly obvious health warnings are out there in response to equally daft questions. Here’s a few we came up with: Q: Dear tarmac laying team. Could I wax my back on your hot road surface before it sets? A: Dear Hairy Back. No. Especially if we’re still rolling it flat. Q. Dear Coastguard. Could I get a free facial by sinking into the mud off Hayling Island? A. Dear face owner. Not if you want to live to appreciate those cleansed pores. Do feel free to add your own Health Warning Q&As on our Facebook page.
Religious decisions And speaking of tricky decisions brings me to the case of Pemberton v Inwood. Canon Pemberton is a Church of England Priest in a same-sex relationship. When the Marriage (Same Sex Couples) Act 2013 came into force it was opposed by the Church of England. Canon Pemberton later became engaged, and informed several bishops of his intent to marry and received feedback stating that marrying his same-sex partner wouldn’t be appropriate. Despite objections from the Church, Canon Pemberton got married in April 2014. He later applied to the Sherwood Forest Hospitals NHS Trust (the Trust) to become a Chaplain and Bereavement Manager. He was offered the position subject to various conditions, one of which was that he held an Extra Parochial Ministry License (EPML) from the Bishop. The Bishop wrote to the Trust refusing to grant the EPML, explaining that Canon Pemberton had acted inconsistently with his vows and failed in his duty to model his life on the Church’s teachings.
EVENT SEASON 2018 SEXUAL HARASSMENT IN THE WORKPLACE th Thursday 7 June
MENTAL HEALTH CHECK th Tuesday 10 July
PULLING A SICKIE th Wednesday 5 September
PRACTICE MAKES PERFECT th Wednesday 17 October
12 DAYS OF CHRISTMAS nd Thursday 22 November
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Canon Pemberton brought claims to the Employment Tribunal (ET) against the Bishop for direct discrimination and harassment under the Equality Act 2010. The Bishop argued: a) That he was not a qualifications body so the Equality Act 2010 didn’t apply to him when he refused to grant the EPML. b) That the relevant qualifications were for the purpose of an organised religion. The Equality Act 2010 states that, where the employment is for an organised religion, the employer or qualifications body may set an occupational requirement regarding, amongst other things, a requirement that the applicant not be married to a person of the same sex. It must be shown that the requirement is being applied to comply with the doctrines of the religion. The ET found that the Bishop was a qualifications body and refusal to grant the EPML was potentially discriminatory, but the religious occupational requirement defence still applied so his actions were not unlawful. The case was appealed to the Employment Appeal Tribunal (EAT) which agreed with the ET and confirmed, although the Trust itself was not a religious organisation, the position was centred on an organised religion, and the EPML was therefore a condition of that employment. However, they also agreed that the religious occupational requirement defence applied to the direct discrimination claim.
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The case was then taken to the Court of Appeal, which agreed with the ET and the EAT on these points. Although the Trust was a hospital, the EPML was still needed for the purposes of the employment. The religious occupational requirement defence could therefore be applied to the direct discrimination claim. This case has provided useful guidance on the defence of the organised religion occupational requirement – confirming that the focus is on the employment and not necessarily on the employer. It is not imperative that the employer be a religious organisation, rather the employment for which the employee is being hired must be focused around an organised religion.
Mental health masterclass The mental health of the nation is increasingly under the microscope – and employers are expected to offer support to staff suffering with mental ill health. Our next masterclass, Mental Health Check, will cover how to spot the signs as well as:
The processes to manage an employee suffering with poor mental health
Involving Occupational Health
Potential claims that could arise from incorrect, or unsupportive, management
How to manage potential grievance or disciplinary issues
Promoting an environment to encourage conversations about mental health
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Contact the team Sarah Whitemore (Partner) – 02380 717462 Howard Robson (Partner) – 02380 717718 Lisa Joyce (Associate) – 02380 717447 Emma Kemp (Associate) – 02380 717486 Natalie Rawson (Solicitor) – 02380 717403 Chris Greep (Solicitor) – 02380 717411
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