header-logo header-logo

Employment

14 January 2010
Issue: 7400 / Categories: Case law , Law digest
printer mail-detail

McFarlane v Relate Avon Ltd [2009] All ER (D) 233 (Dec)

In considering a complaint of discrimination on the ground of religious belief, contrary to the Employment Equality (Religion or Belief) Regulations 2003, SI 2003/1660, the Employment Appeal Tribunal held that persons with a religious belief were likely to manifest that belief in their conduct. 

In some cases where an employer objected to such a manifestation it might be impossible to see any basis for the objection other than an objection to the belief which it manifested; and in such a case a claim by the employer to be acting on the grounds of the former but not the latter might have been regarded as a distinction without a difference. 

But in other cases there would be a clear and evidently genuine basis for differentiation between the two, and in such a case the fact that the employee’s motivation for the conduct in question might be found in his wish to manifest his religious belief did not mean that that belief was the ground of the employer’s action.

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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
back-to-top-scroll