Tag Archives: religion and philosophical belief discrimination
In the much-publicised judgment in Lee v Ashers Baking Co Ltd, the Supreme Court has ruled that it was not unlawful direct discrimination on the grounds of sexual orientation for a bakery to refuse to bake a cake bearing the … Continue reading
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
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
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
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.
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
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
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.
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