The Nativity Story …. circa 2007AD
By admin
Issued on behalf of Darwin Gray
Many of us are familiar with the nativity story from the Bible but have you ever thought how different it would be if played out today? Employment solicitor Eleanor Williams, from Newport, explains.
A lot of the individuals mentioned in the familiar Bible story of Christmas are in fact from groups that are protected by anti-discrimination legislation.
This gives the age old story a contemporary twist. So, I’d like to go through the account of what happened, from a discrimination law perspective. I hope this will clarify how having statutory protection helps vulnerable individuals.
Let us just remind ourselves of the outline facts. Joseph had to travel to Bethlehem with Mary for a census. Whilst there, she gave birth to her son, Jesus. As they had no accommodation in the town, they stayed in a stable with animals.
Meanwhile, in fields outside the town, shepherds were looking after their flocks when angels appeared, singing, and announcing the birth of a child who was the Saviour of the World. The shepherds then visited the stable to see for themselves.
The other visitors were wise men who had seen a star that they had been following. It stopped above the stable and so they arrived to worship this baby who they recognised as a king, much to the annoyance of the earthly authorities.
Looking, then, at each person in turn….
Mary was a single mother (she was engaged to Joseph, no more) who had to take an arduous journey when she was heavily pregnant. If she had been employed back in Nazareth, she might well be eligible for contractual maternity pay as well as statutory maternity pay of £112.75 for 39 weeks and then she could have paid for a more comfortable form of transport than a donkey to take her to Bethlehem.
She would also have benefited from ‘keeping in touch’ days with her place of work, so there would have been a willing audience to hear of Mary’s extraordinary escapade.
Joseph was an older father who was a carpenter. He may well have been worried about how he would provide for his new family as he was nearing his retirement age. Well, the Age Discrimination Regulations may have helped him as he could request to work beyond normal retirement age.
And, of course, Joseph could have time off as paternity leave. I am, of course, assuming that he is the father in this situation. In this case, as long as he is an employee, he is entitled to one or two consecutive weeks leave, taken up to eight weeks after the birth, for which he will be paid at least £112.75 per week.
The Shepherds would not have been high earners. In fact, they might well have been on the minimum wage which is currently £5.52 per hour. We know that they were working in the fields at night. This means that from the point of view of the Working Time Regulations they are night workers as long as they work for at least 7 hours including the period 11pm to 6am.
Night workers need to receive a free health check before they start night work and at regular intervals after that work commences. However, if those night workers are involved in work that involves special hazards or heavy strain – physical or mental – then they are not permitted to work for longer than 8 hours. It is not clear, though, whether or not the sudden appearance of the angels would have been foreseeable enough to enforce an eight-hour “special hazard“ limit.
The Angels were male (I’m thinking Gabriel, Michael…) but they are depicted as appearing in flowing white robes, singing exquisitely. If, because of their appearance, anyone had made an erroneous assumption about their choice of lifestyle, then they could have brought a claim under the Sexual Orientation Regulations. A claim, of course, can be based upon the perception of an individual, not just the reality.
The Wise Men came from the East. It is thought, now, that they were Zoroastrian. This is a religion that exists in Iran. It involves active participation in good thoughts, good words and good deeds. This ensures happiness and helps keep chaos at bay. If the wise men received any detriment because of their beliefs (and remember, Herod was trying to kill them), then they might claim under the Religion and Belief Regulations.
Of course, there was no anti-discrimination law when these events took place. But it is illuminating to realise how the law can impact upon situations we are all familiar with. So, when, during this season, you see a nativity play or hear Christmassy music, take a moment to think how the protagonists could have benefited from anti-discrimination legislation we have today and how vulnerable employees may be powerful litigants.
