header-logo header-logo

22 March 2013 / Sarah Johnson
Issue: 7553 / Categories: Features , Employment
printer mail-detail

The balancing act

Sarah Johnson reviews recent guidance on how to balance the competing interests of employees

Balancing employees’ sometimes competing interests has always been difficult. Recent cases on religion and belief in the workplace have led to helpful new guidance from the Equality and Human Rights Commission (the Commission).

Religion or belief in the workplace: A guide for employers following recent European Court of Human Rights judgments (the guidance) was published following the judgment of the European Court of Human Rights (ECtHR) in four combined cases; Eweida and others v UK (App Nos 48420/10, 59842/10, 51671/10 and 36516/10). These cases were brought by Christians, but the judgment impacts employees with any, or without any, religion or belief.

Facts

The claimants argued that UK law had failed to protect their right to manifest religion under (among other things) Arts 9 and 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms (Convention). 

Ms Eweida and Ms Chaplin both wanted to wear a visible cross in breach of their employers’ uniform policies.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
back-to-top-scroll