Did the dismissal of an employee for asserting her moral right to own the copyright to her own creative works amount to discrimination on the grounds of belief?
No, held the Court of Appeal in Gray v Mulberry Company (Design) Limited.
The Claimant was asked to assign copyright in any works she created during her employment to her employer. She refused and was dismissed. She claimed the dismissal amounted to discrimination on the grounds of her belief in the moral right to own the copyright to her own creative works.
The Court of Appeal held that her refusal to sign the copyright agreement, and thus her dismissal, arose from her concern that the wording of the relevant clause failed to protect her own interests sufficiently. A debate or dispute about the wording or interpretation of an agreement could not be a philosophical belief within the meaning of the Equality Act 2010 section 10.
Thanks to Tim Kenward of 7 Harrington Street Chambers for preparing this case summary.
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