A "Wiccan" who claimed that she was mocked and later dismissed after switching her shifts to celebrate All Hallows' Eve has won a religion or belief discrimination claim, in what may be the first successful case of its kind in UK employment law.
The employment tribunal held that the dismissal of a Seventh Day Adventist was not religious discrimination under the Equality Act 2010.
The European Court of Human Rights has held that a Christian employee's right to freedom of thought, conscience and religion under art.9 of the European Convention on Human Rights was breached when the UK courts found that she was not discriminated against by British Airways' uniform policy, which prevented her from wearing visible items of jewellery at work.
A retailer with branches on Oxford Street and Piccadilly forced a Muslim employee who came to work wearing a headscarf to resign because it wanted to retain its "trendy" image, the employment tribunal in this case found.
Employees involved in interviewing should be wary of potential discrimination issues, as this case involving religion or belief discrimination shows.
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.
An employment tribunal has found that a Christian housing officer who told a terminally ill service user that she should "put her faith in God" and sought publicity when disciplinary action was taken was fairly dismissed and not discriminated against because of his religion.
Although discrimination because of religion or belief is unlawful, that does not mean that employers cannot discuss relevant religious issues during a recruitment process, as this case demonstrates.
In this case, an employer's religion-based intolerance led to a successful discrimination claim.
The Fair Employment Tribunal in Northern Ireland has awarded a Protestant teacher who was made redundant £8,250 for religious discrimination.
HR and legal information and guidance relating to direct religion or belief discrimination.