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Human rights—Religion—Employment

25 January 2013
Issue: 7545 / Categories: Case law , Law reports , In Court
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Eweida and others v United Kingdom (App. Nos. 48420/10, 59842/10, 51671/10 & 36516/10)

European Court of Human Rights, Judge Thor Bjorgvinsson (president), Judges Bratza, Garlicki, Hirvela, Kalaydjeva, Vucinic and Gaetano, & L Early (section registrar), 4 September & 11 December 2012, 15 February 2013

The European Court of Human Rights (ECtHR) has reviewed the application of the right to manifest one’s religion under Art 9 of the European Convention on Human Rights in an employment context. As a general approach, where an individual complains of a restriction on freedom of religion in the workplace, rather than holding that the possibility of changing job would negate any interference with that right, the better approach is to weigh that possibility in the overall balance when considering whether or not the restriction was proportionate. The court has also stressed the margin of appreciation to be afforded to member states in carrying out that balancing exercise, when finding in favour of one applicant who had been precluded from wearing a cross at work, but not in favour of a second

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NEWS
Lawyers and users of the business and property courts are invited to share their views on disclosure, in particular the operation of PD 57AD and the use of Technology Assisted Review (TAR) and artificial intelligence (AI)
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
Caroline Shea KC and Richard Miller of Falcon Chambers examine the growing judicial focus on 'cynical breach' in restrictive covenant cases, in this week's issue of NLJ
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