In Gray v Mulberry Company (Design) Ltd, G refused to sign a Copyright Agreement, because she believed she should own all rights to her own creative work. She was dismissed. G claimed discrimination because of her belief in the statutory human or moral right to own the copyright and moral rights of her own creative works and output, except that produced on behalf of an employer. An ET held that her belief did not amount to a protected belief under S.10 of the Equality Act 2010 but in any event her dismissal was due to her failure to sign the Copyright Agreement and not because of her philosophical belief. The Court of Appeal agreed. What led to G’s refusal to sign the agreement and so to her dismissal was her concern or theory that the wording of the relevant clause, leaned too far in the direction of the employer or failed sufficiently to protect her own interest and this dispute about the wording or interpretation of an agreement could not be a protected philosophical belief.
The updates are kindly provided by Simons Muirhead & Burton Law firm
This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and help judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.