Equality, diversity and human rights >
Religion or belief discrimination
In Saini v All Saints Haque Centre and others EAT/0227/08, the EAT held that, where a tribunal found on the facts that the employer had mistreated an employee in order to target his colleague on the grounds of the latter's religion, the tribunal erred in finding that the mistreatment was not unlawful because it was not based on the employee's own religion.
Sue Johnstone, editor of Equal Opportunities Review, provides a round-up of some of the remedies that employment tribunals have awarded in religion or belief discrimination cases.
This week's case of the week, provided by DLA Piper, covers religion or belief discrimination.
In Harris v NKL Automotive Ltd and Matrix Consultancy UK Ltd EAT 0134/07, the Employment Appeal Tribunal (EAT) has upheld an employment tribunal's finding that a requirement to have tidy hair did not indirectly discriminate against a Rastafarian who wore his hair in dreadlocks.
In Azmi v Kirklees Metropolitan Borough Council EAT/0009/07, the Employment Appeal Tribunal (EAT) has dismissed an appeal against an employment tribunal's ruling that an employee who was dismissed for refusing to remove her veil while teaching had not been discriminated against on the grounds of religion or belief.
In Mohmed v West Coast Trains Ltd EAT/0682/06, the Employment Appeal Tribunal (EAT) has given the first appellate decision on religious discrimination.
Karen Smith and Sophy Robinson of Addleshaw Goddard bring you a comprehensive update on the latest decisions that could affect your organisation, and provide advice on what to do about them.
In Stedman v UK [1997] 23 EHRR 168 ECHR, the European Commission of Human Rights held that the dismissal of a woman for refusing on religious grounds to accept a new contract that would have required her to work Sundays was not an interference with her freedom of religion or other rights under the European Convention on Human Rights.
In McKay v Northern Ireland Public Service Alliance (No.2) the Fair Employment Tribunal (President: J Maguire) upholds a complaint of discrimination on grounds of political opinion by an applicant for a seconded trade union post.
The failure to offer a non-Muslim Bosnian a work experience placement with Bosnian Muslim refugees was discrimination on grounds of religion and thus not unlawful, rules a Reading industrial tribunal (Chair: J G Hollow) in Kesar v (1) British Red Cross (2) Refugee Council.
Employment law cases: HR and legal information and guidance relating to religion or belief discrimination.