Tag Archives: religion and philosophical belief discrimination

UK: ECJ rules dress code requiring neutral appearance may be lawful

The European Court of Justice has finally handed down its judgment in two cases involving employees dismissed for wearing an Islamic headscarf at work, Achbita and Bougnaiou.  The Advocate-General opinions in the cases took very different approaches as to whether … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: UK

Indonesia: Religious Holidays Allowance

Last year the Ministry of Manpower issued an important regulation regarding religious holiday allowances, in the form of Minister of Manpower Regulation No. 6 of 2016 (Regulation 6/2016). Regulation 6/2016 revoked and replaced the previous regulation governing the issue, which … Continue reading

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Filed under Jurisdiction: Asia, Time off rights

UK: New publications – marriage and civil partnership discrimination, religion in the workplace

The following new employment law-related resources have been published: Acas has published workplace guidance on marriage and civil partnership discrimination. The Equality and Human Rights Commission has published a report on whether the law on religion and belief is working, … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: UK

UK: Discrimination – Supreme Court asked to consider ambit of associative discrimination

The Northern Ireland Court of Appeal has ruled that it was direct associative discrimination on the grounds of sexual orientation for a bakery to refuse to supply a cake with a slogan supporting gay marriage.

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Filed under Discrimination and equal pay, Jurisdiction: UK

UK: Conflicting opinions from EU Advocate-Generals on headscarf bans create uncertainty

Earlier in the year we reported the controversial opinion of the Advocate-General in Achbita v G4S Secure Solutions that a ban on all visible signs of religious, philosophical and political beliefs was not unlawful direct or indirect discrimination, as it was justified … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: UK

UK: Religious discrimination claims concerning dismissal for refusing to leave marriage and headscarf bans

Employers may be liable for indirect discrimination where particular treatment can be viewed as a consistent practice, even if it is applied only rarely.  Further, even where the treatment would cause distress to all employees, an employee can establish the … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: UK

UK: Employment law changes in October

On 1 October 2015 the following changes came into force: New national minimum wage rates, the adult rate increasing from £6.50 to £6.70 an hour. Employment tribunals have lost their power to make wider recommendations for employers to take remedial … Continue reading

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Filed under Discrimination and equal pay, Employment law reforms, Employment tribunal process, Jurisdiction: UK

UK: Religious discrimination – dismissal of nursery worker for discussing religious views on homosexuality was unlawful

Employers may have a legitimate aim in wishing to prohibit discussion of religious views on homosexuality in the workplace, but should ensure the prohibition is communicated and applied consistently, and can be justified.

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Filed under Discrimination and equal pay, Jurisdiction: UK

UK: Religious discrimination – ‘non-core’ beliefs protected

Employers should not treat requests to adjust working conditions in order to accommodate an employee's belief any less seriously simply because the belief is not widely shared. The Court of Appeal has confirmed that a particular religious belief (in this … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: UK

UK: New resources – February 2013

EHRC’s explanation of the recent ECtHR ruling in Eweida and others and practical guidance to employers about dealing with religion or belief issues Acas and CIPD joint guide: Mediation: an approach to resolving workplace issues DWP guide: Employing older workers: … Continue reading

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Filed under Jurisdiction: UK, Resources