This employment tribunal held that a Christian telesales agent's belief that potential customers should not be deceived to obtain sales could be protected under the Equality Act 2010. However, the claimant lost his case because he did not present sufficient evidence that his former employer had required him to lie to potential customers.
In Mba v Mayor and Burgesses of the London Borough of Merton EAT/0332/12, the EAT upheld the tribunal's decision that the employer's policy that all employees work their share of Sunday working in accordance with its rotas did not amount to unlawful religious discrimination because it was objectively justified.
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.
The Employment Appeal Tribunal has refused to interfere with the employment tribunal decision that a children's home's business requirements outweighed the Christian claimant's desire not to work on Sundays.
In this decision on the manifestation of religious belief in the workplace, the tribunal held that the employer's business requirements outweighed the Christian claimant's desire not to work on Sundays because she believes that it is a day of worship and rest.
In Chatwal v Wandsworth Borough Council EAT/0487/10, the EAT held that a tribunal erred by failing properly to consider the evidence that an employee from a branch of Amritdhari Sikhs had established that his beliefs were shared by a sufficient group of people to support his indirect discrimination claim.
Employees involved in interviewing should be wary of potential discrimination issues, as this case involving religion or belief discrimination shows.
In Cherfi v G4S Security Services Ltd EAT/0379/10, the EAT held that an employer's refusal for business reasons to allow a Muslim security guard to leave the workplace to attend a mosque on Fridays was proportionate and justified. Accordingly, it did not amount to unlawful indirect religious discrimination.
HR and legal information and guidance relating to indirect religion or belief discrimination.