The Equality and Human Rights Commission (EHRC) has been granted
permission to intervene in four religious discrimination cases that are
currently before the European Court of Human Rights (ECHR).
The EHRC has issued a consultation seeking views on its proposed
submission to the ECHR on the human rights elements of Eweida &
Chaplin v United Kingdom (application numbers 48420/10 and
59842/10) and Ladele & McFarlane v United
Kingdom (application numbers 51671/10 and 36516/10). According to the EHRC, the cases represent an "unprecedented opportunity to clarify the legal principles
that should apply to claims of religious discrimination".
The EHRC's press release states that it: "will argue that the
way existing human rights and equality law has been interpreted by judges is
insufficient to protect freedom of religion or belief".
The EHRC is also consulting on whether or not the concept of reasonable
adjustments, which is currently restricted to disability discrimination law, has
any useful practical application in cases concerning the manifestation of
religion or belief.
Responses to the consultation are requested by 5 September
2011.
Also
The XpertHR employment law manual provides detailed legal guidance
on religion or belief discrimination
and the Human Rights Act
1998.
The XpertHR case reports section includes the following: Eweida v British Airways
Plc [2010] IRLR 322 CA, Ladele v London Borough of
Islington [2009] EWCA Civ 1357 CA, McFarlane v Relate Avon
Ltd [2010] IRLR 872 CA.
The XpertHR good practice manual covers religion and belief in the workplace and identifies the steps that employers can take to address associated issues fairly, while supporting the needs of the business. |