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.
Refusing to sign copyright agreement was to protect own interest, not a philosophical belief
Article by: Makbool Javaid |