ECHR considering UK workplace religious discrimination cases
The European Court of Human Rights is expected to rule on four religious discrimination cases that originated in the UK, involving job duties conflicting with religious beliefs and the display of religious symbols at work.
- Ladele and McFarlane v United Kingdom In Ladele, the Court of Appeal held that a registrar with strong Christian beliefs about marriage who was threatened with dismissal for refusing to carry out civil partnership work did not suffer unlawful religious discrimination. In McFarlane, the Court of Appeal refused a Christian relationship counsellor leave to appeal against a finding that his dismissal for refusing to counsel same-sex couples on sexual matters did not constitute religious discrimination.
- Eweida and Chaplin v United Kingdom In Eweida, the Court of Appeal held that a uniform policy that prevented the wearing of a visible item of adornment around the neck did not give rise to indirect discrimination against a Christian employee who wished to display a cross as a matter of personal preference, rather than as a mandatory religious requirement. Ms Chaplin lost a religious discrimination claim after she was moved to a desk job after refusing to remove her crucifix necklace at work.
Also
Podcast: Religious discrimination We discuss the employment tribunal decision in Farrah v Global Luggage Co Ltd ET/2200147/2012, in which the tribunal considered a claim of direct religion and belief discrimination and unfair dismissal. The tribunal found that the employer forced a Muslim employee who came to work wearing a headscarf to resign because this was in contravention of the image that it was trying to maintain.
Smith v Trafford Housing Association [2012] EWHC 3221 (Ch) HC In this case, the High Court upheld a breach of contract claim against a housing trust that demoted a Christian manager who said on Facebook that holding civil partnership ceremonies in churches is "an equality too far".
