Religion at work: new ECHR ruling
The European Court of Human Rights has handed down a judgment considering the right of individuals to manifest their religion in the workplace.
In Eweida, the European Court of Human Rights (ECHR) considered the joined cases of four individuals who were all practicing Christians: Ms Eweida, a British Airways employee, and Miss Chaplin, a nurse, complained their employers restricted them wearing visible crosses around their necks while at work. Ms Ladele, a Registrar of Birth, Deaths and Marriages and Mr McFarlane, a Relate Councillor, complained about their dismissal for refusing to carry out certain elements of their jobs which they considered would condone homosexuality, contrary to their religious beliefs.
All four individuals had brought cases of religious discrimination in the employment tribunal and had ultimately been unsuccessful in those claims. They therefore appealed to the ECHR. The European Convention on Human Rights (the Convention) gives the right to freedom of thought, conscience and religion and to manifest religion and belief, subject to certain limitations (Article 9). Article 14 provides that individuals must enjoy the rights conferred by the Convention without
discrimination on any grounds, including religion.
The Convention is incorporated into English law by the Human Rights Act 1998. While not directly applicable to private employers, Courts and tribunals must interpret domestic legislation as far as possible in a way which is compatible with Convention rights. In this way employees may “indirectly” access their Convention rights…
If you are registered and logged in to the site, click on the link below to read the rest of the Shoosmiths briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
In 2013 global pop sensation Rihanna took legal action against the retail giant and its parent company Arcadia for using an image of her on a T-shirt and succeeded in the High Court with her claim of passing-off.
In the past five years planning promotion agreements – also known as land promotion agreements – have become popular with both landowners and developers as an alternative to option agreements.
Analysis from The Lawyer
Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future
There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…