Equality, diversity and human rights >
Religion or belief discrimination
In this case, an employer's religion-based intolerance led to a successful discrimination claim.
The Fair Employment Tribunal in Northern Ireland has awarded a Protestant teacher who was made redundant £8,250 for religious discrimination.
In McFarlane v Relate Avon Ltd [2010] EWCA Civ B1, 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.
In Eweida v British Airways Plc [2010] IRLR 322 CA, 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.
In Ladele v London Borough of Islington [2009] EWCA Civ 1357 CA, 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 Grainger plc v Nicholson [2010] IRLR 4 EAT, the EAT held that the employee can challenge his dismissal as being an act of discrimination on grounds of his asserted philosophical belief in climate change and the environment, provided that he is able to establish that his belief is genuinely held and that it satisfies certain specified limitations and criteria as to the nature of the belief.
The Employment Appeal Tribunal has held that an employee's asserted belief that mankind is heading towards catastrophic climate change and we are under a moral duty to act to mitigate or avoid this is capable of being a philosophical belief for the purposes of the Employment Equality (Religion or Belief) Regulations 2003 (SI 2003/1660).
In Chondol v Liverpool City Council EAT/0298/08, the EAT held that the employment tribunal was correct to draw a distinction between the employee's religious beliefs on the one hand and inappropriate promotion of those beliefs on the other. Since the employer would have reacted in the same way irrespective of the view (religious or otherwise) that was being promoted, the employee had not been treated less favourably on grounds of his religion or belief.
In London Borough of Islington v Ladele EAT/0453/08, the EAT overturned the employment tribunal decision that a Christian registrar who was disciplined for refusing to undertake civil partnership duties was subjected to religious discrimination.
In Eweida v British Airways plc EAT/0123/08, the EAT held that a uniform policy that prohibited visible items of jewellery, unless worn in pursuance of a mandatory scriptural requirement, did not indirectly discriminate against a Christian employee who wished to display a cross over her uniform.
Employment law cases: HR and legal information and guidance relating to religion or belief discrimination.