header-logo header-logo

15 January 2010 / Mark Hill KC , Spencer Keen
Issue: 7400 / Categories: Features , Employment
printer mail-detail

Faith, hope & clarity

Professor Mark Hill QC & Spencer Keen investigate a legal minefield

Last year was highly significant for the Employment Equality (Religion or Belief) Regulations 2003 (SI 2003/1660) (the Regulations). The Employment Appeal Tribunal (EAT) and the higher courts began to explore some difficult issues that, until now, have merely basked in the detail of the Regulations or in arid discussion in academic legal journals.

The EAT has grappled with the breadth of the Regulations in determining which beliefs are worthy of protection: Nicholson v Grainger UKEAT/219/09 and Power v Greater Manchester Police UKEAT/0434/09: the Court of Appeal has considered whether a religious belief may constitute a conscientious objection to requirements of the workplace: Ladele v London Borough of Islington [2009] EWCA Civ 1357: and nine Supreme Court Justices have provided mutually contradictory analyses of race and religion in a school’s admissions policy: R (on the application of E) v Governing Body of JFS [2009] UKSC 15,  [2009] All ER (D) 163 (Dec).

Nicholson v Grainger

Courts have been placed in

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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll