Religion or belief discrimination: the scope and limits of employers’ duties
A number of recent developments in the area of religion and belief discrimination merit employers’ attention. First, what types of non-religious beliefs are protected? Second, to what extent must employers comply with the law when an employee’s conduct takes the form of manifestation of his/her belief (as opposed to the simple fact of holding such a belief)?
Although this area of law is highly fact-sensitive (show us one which is not!), a number of common denominators can help you deal with these issues. As a starting point, we suggest that employers should bear in mind that the legislation has been found to protect a wider range of beliefs than was previously thought. If you are faced with a belief-related request or grievance, it will be cautious to examine carefully whether the belief is protected. Do not dismiss the issue out of hand simply because you cannot conceive the belief to be protected. To establish whether the belief is protected, go through a thorough review of the relevant facts and apply them to the guidelines set out in Grainger v Nicholson and subsequent case law…
If you are registered and logged in to the site, click on the link below to read the rest of the Nabarro briefing. If not, please register or sign in with your details below.
Click on the link above to download briefing.
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 Nabarro
News from The Lawyer
Briefings from Nabarro
Choosing the right adjudicator to decide your dispute can be one of the most important and difficult aspects of the adjudication process.
In this case, the court considered a payment of funds into court as an alternative remedy to specific performance to deliver security documentation.
Analysis from The Lawyer
Nabarro senior partner and self-confessed “IT geek” Graham Stedman is heralding a major set of investments in technology ahead of the firm’s move to 125 London Wall this year.
Clients are more willing to bring claims against professional service providers but the risk to defendants is not as dramatic as it might seem