Have a question?
033 3772 0409

Legal News

Employees right to religion guidelines issued by the ECHR (19 February 2013)

Date: 19/02/2013
Duncan Lewis, Legal News Solicitors, Employees right to religion guidelines issued by the ECHR

Guidance has been published by Equality and Human Rights Commission (ECHR) on religion and beliefs in the workplace, following recent judgments including last month’s human rights case involving Nadia Eweida.

Eweida is a former British Airways employee who lost her job because of her Christian faith.

She went to the European Court of Human Rights alleging discrimination and unfair dismissal for which the ECHR ruled that the airline had infringed her basic entitlement to freedom of religion when it attempted to ban her from wearing a small crucifix around her neck while on duty.

The ruling has its bearing on employers’ responsibilities for policies and practices protecting religion or belief rights in the workplace, the rights of employees and the rights of customers. This includes job applicants also.

The guide from ECHR is a good practice guide which aims to help the employers to understand how to comply with the Court’s judgment when recognising and managing the expression of religion or belief in the workplace. It would look into issues of :

• Letting employers know if a religion or belief is genuine?
• What kind of religion or belief requests will an employer need to consider?
• What steps should an employer take to deal with a request?
• What questions should employers ask to ensure their approach to a religion or belief request is justified?
• Do employees now have a right to promote their particular religion or belief when at work?
• Can employees refrain from work duties?

The EHRC has said that it supports individuals' right to freedom of thought, conscience and religion, and to conditional protection of the right to express religion or belief.

A request by an employee to consider his/her religion or belief by an employer should be assessed keeping in mind whether the religion or belief was genuine and also whether accepting or rejecting the request was lawful under equality and human rights legislation the ECHR said.

The EHRC provides guidance to employers on how to comply with equality and human rights law.