ECHR decision rejecting Christians' workplace religious discrimination claims is final

The European Court of Human Rights (ECHR) has confirmed that the three unsuccessful applicants in Eweida and others v United Kingdom will not have their cases considered further in the ECHR's Grand Chamber. 

On 15 January 2013, the ECHR in Eweida and others v United Kingdom [2013] IRLR 231 ECHR upheld Ms Eweida's claim that her right to freedom of thought, conscience and religion under art.9 of the European Convention on Human Rights was breached when the UK courts found that she was not discriminated against by British Airways' uniform policy, which prevented her from wearing visible items of jewellery at work. 

However, the ECHR went on to reject the three other religious discrimination claims brought by:

  • Ms Chaplin, a Christian nurse who was moved to a desk job after refusing to remove her crucifix necklace at work because of health and safety concerns;
  • Mr Ladele, a registrar with strong Christian beliefs about marriage who was threatened with dismissal for refusing to carry out civil partnership work; and
  • Mr McFarlane, a Christian relationship counsellor who was dismissed for refusing to counsel same-sex couples on sexual matters. 

On 28 May 2013, the ECHR rejected the attempts of Ms Chaplin, Mr Ladele and Mr McFarlane to have their cases considered by the ECHR's Grand Chamber. The Grand Chamber allows exceptional cases to be considered further by the ECHR where they raise a serious question affecting the interpretation or application of the Convention or its protocols, or a serious issue of general importance. 

Also

Podcast: Religious discrimination On this HR & Compliance Centre Weekly podcast, we discussed the high-profile decision of the ECHR in Eweida and others v United Kingdom. 

Read about the original decisions from the UK courts in: