Equality, diversity and human rights >
Religion or belief discrimination
Georgina Kyriacou and David Malamatenios are partners and Sandra Martins, Colin Makin and Krishna Santra are associates at Colman Coyle Solicitors. They round up the latest rulings.
In this decision on the manifestation of religious belief in the workplace, the tribunal held that the employer's business requirements outweighed the Christian claimant's desire not to work on Sundays because she believes that it is a day of worship and rest.
Employees involved in interviewing should be wary of potential discrimination issues, as this case involving religion or belief discrimination shows.
In Cherfi v G4S Security Services Ltd EAT/0379/10, the EAT held that an employer's refusal for business reasons to allow a Muslim security guard to leave the workplace to attend a mosque on Fridays was proportionate and justified. Accordingly, it did not amount to unlawful indirect religious discrimination.
In this case, the tribunal had to consider whether or not a Jehovah's Witness was discriminated against on the ground of his religion when he was dismissed after refusing to work on Sundays.
In a pre-hearing review, an employment judge has held that an ex-serviceman's stated belief that "we should pay our respects to those who have given their lives for us by wearing a poppy from All Souls' Day on 2 November to Remembrance Sunday" is not a philosophical belief under the Equality Act 2010.
The Employment Appeal Tribunal has found that two members of a board were jointly and severally liable for unfair dismissal and religious discrimination, the compensation for which could include aggravated damages arising out of their post-employment conduct.
This unusual case concerned whether or not an employee's beliefs that the terrorist attacks of 9/11 and 7/7 were carried out by the US and UK Governments, and were part of a "gigantic" and "evil" conspiracy, are capable of being protected as "philosophical beliefs" under discrimination law.
The Employment Appeal Tribunal has held that the employment tribunal had not considered properly the evidence as to whether or not a significant group of Sikhs were disadvantaged by a council's policy that all staff who used of the communal staff kitchen had to join the rota to clean the fridge.
A model policy on supporting religious observance at work, including managing requests for time off and providing appropriate facilities.
HR and legal information and guidance relating to religion or belief discrimination.