Religious Discrimination
Looking back at the last week, my employment news highlight comes from comments made by David Cameron at PM’s Question Time. He commented that he ‘fully supported the right of people to wear religious symbols at work, I think it is absolutely a vital religious freedom’. This is particularly interesting given that the case of […]
One of the characteristics protected from discrimination is religion. It is reported in the Telegraph today that Dr David Drew has lost his claim of discrimination because of his religion. You may recall from an earlier blog on this case, that Dr Drew was dismissed for gross misconduct for using religious language in work communications […]
It has been reported in the Telegraph today that Church of England bishops have asked the Coalition to take steps to protect Christians from the effect of equality laws. This comes in the wake of a number of cases highlighting the frequent conflict between religion and equality. Who recalls the Christian hotel owners who were […]
Chatwal v Wandsworth Council is a classic example of a neutral work requirement – the requirement that each team member has to take turns in cleaning the staff kitchen and fridge – that could indirectly discriminate against someone on grounds of religion. In this case Mr Chatwal’s particular form of sikhism forbade touching meat – […]
The “positive action” provisions in section 159 Equality Act 2010 that allow employers to give preference to those with protected characteristics when recruiting or promoting employees are to be implemented from 6 April 2011 according to this Commencement Order made by the government this week. Is this a step too far? Has the strive for […]
uniform policy, dress code, crucifix at work, religious symbols, jewellery ban, religious discrimination
Postal workers who were refused time off to celebrate a religious holiday are considering legal action against the Royal Mail as reported in today’s Yorkshire Evening Post. Muslim staff at the distribution centre in Leeds say they are usually allowed to take the day off to mark Eid-ul-Fitr, the end of Ramadan. However, all requests […]
A Council worker, Duke Amachree, has lost his claim against Wandsworth Council for unfair dismissal and discrimination on the grounds of religion or belief following his dismissal for Gross Misconduct after more than 18 years service. The allegation was that he had suggested that a client with an incurable bowel condition should put her faith […]
A teacher in Northern Ireland has won £8,250 after bringing a successful claim of discrimination on the grounds of religious belief, as reported in the Irish Times today. Julie Brudell, along with three other Protestant teachers were selected for redundancy. No Catholic teachers were selected on the basis that the majority of the children were […]
Last year the EAT rejected a claim by Gary McFarlane that his dismissal from Relate Avon was unfair on grounds of his religion. Mr McFarlane was a Christian counsellor who was dismissed for refusing to work with gay couples. The case is today before the Court of Appeal who will decide whether to grant Mr […]
In the case of Taylor v XLN Telecom Ltd and others [UKEAT/0385/09/ZT] reported today the Employment Appeal overturned the decision of the Tribunal. The Tribunal found that the Claimant had been dismissed partly because he had made a complaint of racial discrimination but declined to make any award for injury to feelings or personal (psychiatric) injury […]
The third reading of the Equality Bill took place in the House of Lords yesterday. The Bill has now been passed and returned to the Commons with amendments. The Government are hoping for Royal Assent before the General Election. Of particular note is the debate as to what could potentially amount to a philosophical belief in […]
The Equality and Human Rights Commission is currently drafting a code of practice to accompany the new Equality Bill when this becomes law. The Code helps to interpret the law and will explain the legislation and what it means in the same way as the current Codes of Practice do. According to the Code of […]
Recruitment consultant, Nicole Mamo, was astonished when her advertisement for a cleaner was rejected from Job Centre Plus. She was informed that she was unable to advertise for a “reliable person” as this was discriminating against unreliable people! Fore more details click here. The legal position is that an advertisement cannot discriminate against someone on […]
