header-logo header-logo

Religion at work

01 February 2013 / Mark Hill KC
Issue: 7546 / Categories: Features , Human rights , Employment
printer mail-detail

Mark Hill QC considers the “reasonable accommodation” of religious belief in UK law

The eagerly awaited judgment of the European Court of Human Rights (ECtHR) in Eweida and Others v The United Kingdom (App Nos 48420/10, 59842/10, 51671/10 and 36516/10) has sparked considerable media attention. So much so, that the legal principles involved and their nuanced application to an increasing corpus of faith-related litigation may have been lost.

The judgment related to two pairs of cases. The first concerned a British Airways employee and a nurse who both complained that dress codes at their respective places of work prevented them from openly wearing a small cross on a chain around their necks. In the second pair, a registrar of marriages and a relationship counsellor refused to offer their services to same-sex couples on the basis that a homosexual lifestyle was incompatible with their religious beliefs. All four applicants took their case to Strasbourg for oral argument.

Good news for religious liberty

In three seemingly modest, but practically highly significant ways, the judgment

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll