Religion and politics at work: how much slack?
Flabbergastingly risible though I find the notion that the Old Bill should hire mediums to contact murder victims on the other side of the grave and find out who bumped them off, I naturally uphold the right of Britain’s 30,000 or so spiritualists to worship as they see fit. Indeed, if any of you guys are reading this, can someone please say ‘hi’ to my mum for me?
But it must surely be unacceptable to have civilian trainers teach obviously hopeless detective techniques to wannabe Special Constables at hobby bobby training school. I mean, it’s not as if the deceased can reasonably be expected to pitch up to give evidence, is it? Few corpses could even get their arse in gear to sign a witness statement.
Yet thanks to a new legal ruling, Alan Power has been given the go-ahead to sue Greater Manchester Police, his former employers, who gave him the boot for doing exactly that. Thanks to Employment Equality (Religion or Belief) Regulations 2003, Britain is about to enter a whole new (next) world of pain.
Sometimes, of course, the rules will be interpreted in ways that most lefties would find more palatable. The Power decision follows the Grainger plc and others vs Nicholson case last week, at which an Employment Appeal Tribunal held that ‘an employee’s asserted belief that mankind is heading towards catastrophic climate change and we are under a moral duty to act to mitigate or avoid this is capable of being a philosophical belief’ for the purposes of the above-mentioned regs.
The Socialist Party – a far left organisation – immediately hailed that outcome as a boost for its efforts to overturn a ban on holding office in the Unison trade union imposed on its members Brian Debus, Onay Kasab, Glenn Kelly and Suzanne Muna:
“Our campaign is using the same legislation, claiming that the four have been discriminated against because of their philosophical beliefs – ie Marxism and Trotskyism – beliefs held by members of the Socialist Party. It is significant that the judge in the above case stated: “Belief in the political philosophies of socialism, Marxism, communism … might qualify.”
Let me make it plain that I fully support calls for a rethink from Mabledon Place. Marxist socialists have been a constituent current in British trade unionism ever since it emerged in its modern shape in the 1880s. Trade unionism as we now know it would not exist without them.
Nevertheless, anyone who has ever cracked the obvious jokes comparing Trots to the Moonies will have a field day if it Trotskyism is officially designated a religion for legal purposes.
The logic of where all this is going is should be entirely obvious. Currently, police officers and prison staff are forbidden to be members of the British National Party, and there is talk of extending this proscription to the teaching profession. What happens if fascism is designated a philosophical belief, a contention that is surely at least arguable?
Of course such regulations are well intended. Of course no-one should face the sack simply for private adherence to Christianity or Communism or even – though it pains me to say – out and out Hitler worship. Employers should within reason accommodate the requirements of religious belief. But the emphasis has to be on the word ‘reasonable’.
Some jobs, by their nature, involve Friday, Saturday or Sunday working. The emergency services or football journalism, say, are obvious examples. If you wish strictly to observe the tenets of the Muslim, Jewish, Seventh Day Adventist or Assemblies of God faiths, you can’t sign up.
If you are an air traffic controller, you don’t get prayer breaks at random points during your shift, whatever the demands of your religion. If you are a Jehovah’s Witness, than a career in the National Blood Service is perhaps not for you. Life as an instructor at Sandhurst is not ideal for a Buddhist or a Quaker.
Veggie animal rights campaigner? Maybe you should give that vacancy at the local abattoir a miss. Diehard Hayekian free marketers who oppose trade unionism as a distortion of the labour market do not as a rule make good trade union officials. The list is endless.
So is it monstrously hypocritical or inconsistent of me to say that I very much hope that Debus, Kasab, Kelly and Muna win, while Power is laughed out of the tribunal?
Meanwhile, most people will simply have to check their religious or political beliefs in at the office door and get on with the bloody job.
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Dave Osler is a regular contributor. He is a British journalist and author, ex-punk and ex-Trot. Also at: Dave's Part
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Believe what you like, but if your beliefs lead to adverse outcomes for your employer (including colleagues being incompetently trained) then surely those are reasonable grounds on which he can terminate your employment – after following statutory disciplinary procedures at the least.
“Judge Russell said that a later hearing would have to establish whether the claimant was “dismissed for the possession of religious or philosophical beliefs or for his alleged inappropriate foisting of his beliefs on others.” – the Independent
As a general set of rules:
(1) If you join an organisation willingly but your beliefs conflict with that of the organization then you don’t have a leg to stand on.
(2) If you join an organisation willingly but it changes the rules (as happened a while back when a club changed the uniform to something altogether more revealing) it’s the organisation at fault.
(3) If you join an organisation willingly but then change your own beliefs so that they conduct with the organisation then that’s down to you.
That said, who doesn’t find themselves in conflict with their employer? You can campaign to change the organisation through your union or deliberately subvert your duties.
There’s no logical reason a secular belief shouldn’t be afforded the respect that a superstitious one is; on the contrary I have more respect for a someone who argues a moral case without recourse to the occult.
Dave, a couple of comments:
(1) The recent ruling in the environmentalist case did not say that Marxism and other political philosophies count as ‘religion’; it said they can count as ‘philosophical belief’ with the same legal protection as religious belief; so you misstate things slightly when you talk of Trotskyism being ruled to be a religion for legal purposes.
(2) The same ruling – the recent environmentalist one – draws on ECHR law (I think?) to limit the category of protected ‘philosophical belief’ to beliefs that are – and I summarise very crudely – consistent with democracy and human rights. This qualification almost certainly rules out protection for fascists and, therefore, the BNP. (It might be an interesting day in court as and when a judge is required to rule on whether it also rules out Trotskyists….)
Perhaps this could be a way round the anti-trade union laws? (Trotskyite beliefs make wildcat strikes a point of principle?)
‘Perhaps this could be a way round the anti-trade union laws? (Trotskyite beliefs make wildcat strikes a point of principle?)’
The more you support this law to protect secular beliefs the more entrenched protection for religious beliefs will become.
#6
I wasn’t being entirely serious.
Generally I think freedom of conscience & belief are important freedoms, and should be accommodated within the workplace as far as reasonably possible regardless of whether the beliefs are considered part of a religion or not. Where particular beliefs are widespread though, it makes sense for large employers to take notice of the needs of workers who observe those beliefs even if they don’t currently employ people who do, so as not to discriminate against potential future employees.
Note though that all that is considered within a framework of supporting improvements in workers’ conditions rather than a framework of offering special privileges to religions.
I actually have a great deal of sympathy for this guy – I just think this was the wrong legislation.
“Flabbergastingly risible though I find the notion that the Old Bill should hire mediums to contact murder victims on the other side of the grave and find out who bumped them off . . ”
Desperate situations call for desperate remedies:
“34 per cent of homicide prosecutions in London involving murder and manslaughter failed”
http://www.yrtk.org/2005/cps_main/
“On an average day in Britain, two or three people will be murdered. The UK currently has a homicide rate equivalent to the mid-Victorian period.”
http://www.bbc.co.uk/blogs/thereporters/markeaston/2008/12/teen_homicide.html
> Desperate situations call for desperate remedies:
well, only so far.
Is it too much to ask for evidence-based approach to policing – without evidence that clairvoyants work, why use them?
[deleted]
@10: “Is it too much to ask for evidence-based approach to policing – without evidence that clairvoyants work, why use them?”
Previously, police in many places had tried profiling but that doesn’t work too well and then the Metropolitan Police tried the entrapment, as with Colin Stagg in Rachel Nickell murder and that spectacularly failed:
http://en.wikipedia.org/wiki/Rachel_Nickell_murder_case
Of course, shooting suspects is another option but the public gets upset:
“Officer cleared after killing a man carrying a table leg”
http://www.guardian.co.uk/uk/2005/may/13/ukguns.hughmuir
An apparently infallible way of boosting Police productivity until caught out:
” A third of the violent offences which were not recorded as crimes should have been. An inspection of how police forces record violence showed that officers are deciding that thousands of violent incidents are not crimes.”
http://www.timesonline.co.uk/tol/news/uk/crime/article6885415.ece
It’s completely hilarious that anyone in the twenty-first century should consider
a person who talks to invisible dead people as worthy of anything other than a short spell of psychiatric intervention.
Bob B, are things as they appear? Is your argument really something along the lines of:
a. A lot of serious crimes do not result in conviction
b. Some methods which have been used by the Police (eg psychological profiling) are a bit shit
c. Armed Police Officers sometimes make mistakes and shoot people when they really shouldn’t
d. Some Police Forces fix their performance data
AND THEREFORE
e. Mystic Meg should be made Head of Forensic Services for the Met, which is to say a procedure for which there is absolutely no theoritical scientific basis and which has been shown in numerous trials to perform as well as pure chance should be used by the Police to attempt to solve crimes?
Now, for 10 points, can anyone spot the tiny flaws in Bob B’s “logic”
For 1,000 bonus points, can anyone come up with an argument to show that Bob B’s argument contains even the faintest trace of logic?
For 10,000 points can any medical professional visiting this forum give us a diagnosis for Bob B?
“It’s completely hilarious that anyone in the twenty-first century should consider
a person who talks to invisible dead people as worthy of anything other than a short spell of psychiatric intervention.”
At least it’s relatively harmless regarding the likely consequences compared with the other methods I mentioned above.
Of course, there is the risk that the spirit world might convey a message that person X – or Gordon Brown, since he’s usually blamed for most things these days – is responsible. Without new legislation mandating the acceptance of messages from the spirit world as legitimate trial evidence – I hope Jack Straw isn’t reading this – the courts would strike out the testimony. But then as Tony Blair used to often say: You can’t stop modernisation
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