EMPLOYMENT LAW

adoption by same sex couples, conscientious objection by Justice of the Peace, discrimination case disallowed - 2008, 160, 63
anti-discrimination legal systems of EU derived law and ECHR jurisprudence: comparing spheres of operation, characteristics protected & justification different - 2015, 174, 77
Anti-religious twitter rant causing dismissal; no protected characteristics found or employment rights engaged so claim dismissed (case) - 2023, 191, 199
anti-Semitism is a 'philosophical belief' but is not protected as is not worthy of respect (case) - 2013, 171, 104
art gallery, offering work to, not covered by employment legislation - 2008, 160, 66
Baptist church ministers: employment status, registration, discipline and religious understanding of role - 2012, 168, 5
beauty consultant with own company can't claim discrimination employment rights from another company that withdrew her authorisation (case) - 2015, 174, 147
belief in ideals of public service broadcasting could be 'philosophical belief' in employment law (case) - 2011, 167, 113; leave to appeal refused as superiors unaware of belief - 2015, 175, 277
belief that sex is immutable is not a protected belief for Equality Act (Forstater case) - 2020, 184, 108; overturned on appeal, direct discrimination upheld & advice given to lower court on 'philosophical beliefs' - 2022, 189, 205
biological sex is immutable; belief protected under Equality Act but can legitimately sack those who hold view if proportionate, appeal dismissed (case) - 2022, 189, 198
black death, impact on the development of labour law - 2022, 188, 38
BNP councillor sacked from driving job judged allowable due to safety risks by UK but Strasbourg ruled should be some protection for beliefs - 2015, 175, 180
Cambridge University promotions controversy - 1997, 134/135, 13
can Christian groups discriminate against employees for sexual orientation/conduct? - 2002, 148, 4
case law concerning the employment status of the clergy (intention to create legal relations or evidence of a contract) - 2013, 171, 79
Cathedral Dean / Head of Christchurch, Oxford was employed and thus able to claim discrimination (case) - 2021, 186, 62
Catholic employee at Civil Nuclear Police suffered religious discrimination via intimidating messages (case) - 2022, 189, 204
Catholic wanting five weeks off work to attend religious festivals each summer not covered by discrimination law as not intimately linked to belief (case) - 2016, 176, 87; appeal dismissed - 2017, 178, 131
Christian assessor dismissed for refusing to use preferred pronouns with transgender clients; upheld as against Equality Law to misgender (case) - 2019, 183, 232
Christian counsellor refusing to give same-sex sexual therapy can be dismissed (case) - 2010, 164, 107; can't have legal protection for a faith based moral position (leave to appeal dismissed) - 2010, 165, 229; case taken to ECHR - 2011, 167, 111
Christian not discriminated against by employers refusal to allow wearing of cross (Eweida case) - 2008, 160, 56; appeal dismissed 2009, 162, 87; further appeal dismissed 2010, 164, 97; case taken to ECHR - 2011, 167, 115
Christian objection to working on Sundays, not classed as 'core belief' as many don't follow it, but specific circumstances must be considered in each case (case) - 2013, 170, 131; judgment retained on appeal but wrong to say beliefs must be core ones - 2014, 172, 94; 2015, 174, 77
Christian radio banned from advertising for data on marginalisation of Christians in the workplace as was political (case) - 2012, 169, 279; appeal dismissed - 2014, 172, 90
Christian registrar who loses job as refused to conduct civil partnership ceremonies is discriminated against (case) - 2008, 161, 137; on appeal it is decided she is not discriminated against - 2009, 162, 91; further appeal dismissed (public employees must not discriminate due to sexual orientation) 2010, 164, 104
Church employment law: less discretion for churches than US but more rights for workers - 2011, 166, 37
Church of England Minister not dismissed due to marital problems so discrimination claim on those grounds failed (case) - 2020, 185, 189
Church of England ministers: employment status and extent to which protected by law; effect of Equality Act 2010 - 2018, 181, 171
Church of England priest was an 'employee' and a 'worker' therefore fresh tribunal hearing allowed (Sharpe EAT case) - 2014, 172, 100
churches in UK can only choose religious affiliation of ministers & closely related posts, for others equality laws apply - 2011, 166, 37
Civil Partnership registration, imposing of on registrar, doesn't violate Christian rights (case) - 2009, 163, 142
clashes of rights between religious workplaces & non-religious prospective employees - 2002, 148, 4
clause in arbitration agreement requiring arbitrators to be Ismali is unlawful (reversal of the judgement in 2009, 163, 186) - 2010, 165, 223; Supreme Court holds original agreement is lawful - 2011, 167, 109
clergy, employment status of: distinctions between employees, workers and (formal/informal) office holders (case law and rights) - 2013, 171, 79
clergy, employment status of: problems with the current situation; need for Churches to agree on legislation to protect clergy and vocation - 2013, 171, 79
clergy, maintenance of, in the Italian Catholic Church - 2005, 155, 137
clergyman refused ministry licence due to same-sex marriage; Bishop was a qualification body but was proportionate to refuse licence (case) - 2016, 176, 96; both appeals dismissed but can go to Court of Appeal (case) - 2017, 178, 142; ruling upheld as consistent with Church doctrine & was no harrassment (CA) - 2018, 180, 128
climate change can be a 'philosophical belief' in employment law (case) - 2010, 164, 100
closed shop and European Convention on Human Rights - 1983, 78/79, 112
co-determination in corporate management - 1970, 27, 62
compulsory retirement age, not discriminatory for an EU state to set one (but government is reviewing this (case) - 2009, 163, 175
council officer unfairly dismissed for political activity in his own time; should have been informed of case against him (case) - 2022, 188, 88
courts martial: are Royal Navy & RAF tribunals independent & impartial? - 2004, 153, 184
covid vaccination objections due to Biblical beliefs; claim that Royal Mail manager's dismissal was direct religious discrimination unlikely to succeed but case not struck out (case) - 2023, 191, 199
covid vaccine, Catholic nurse dismissed for refusing to have this due to fetal origins; ruling that this should come under the protected characteristic of religious faith (case) - 2022, 189, 202; 2023, 190, 101
credit protection insurance not available to part-timers, discrimination? - 1993, 116/117, 54
crucifix wearing at work, nurse not discriminated against by being moved to admin. position (case) - 2010, 165, 216; case taken to ECHR - 2011, 167, 111
Diocesan Bishop is a qualifications body when gives / revokes licences to officiate so Equality Act engaged for discrimination claims (case) - 2016, 176, 86
direct & indirect discrimination in employment: overview of current law on - 2017, 179, 187
direct & indirect discrimination in employment cases - 1998, 138/139, 105
discrimination, disability and religious: UK case law; comparison and reflections - 2022, 188, 6
discrimination by association can be due to the religious beliefs of another employee (case) - 2009, 162, 96
discrimination (by Church) on grounds of sex, orientation & marriage / civil partnership; theological & legally compliant reasons for - 2018, 181, 171
discrimination (indirect): religious & disability (reasonable accommodation) in employment cases; are all protected characteristics equal? - 2022, 188, 6
discrimination law in employment, brief history of - 2018, 181, 171
discrimination on grounds of religion & belief - new legislation - 2003, 151, 182
dismissal of doctor for refusing to stop using Christian references in professional communications upheld (case) - 2013, 171, 109
dismissal of employee in Christian based job for refusing to attend structured prayer / training, not religious discrimination (case) - 2013, 170, 120
dismissal of worker due to philosophical belief in English Nationalism was not protected as incompatible with other rights - 2017, 179, 245
district judge (office holder rather than employee) qualified as a 'worker' so has whistleblower protetion (case); could this extend to clergy? ECHR doesn't require 'necessity' or weighting of religious beliefs to invoke article 9 so EAT doing this may not be legitimate precedent (case) - 2013, 170, 131; judgment retained on appeal but wrong to say beliefs must be core ones - 2014, 172, 94
Equality Act 2010: characteristics of sex, marriage & sexual orientation have specific provisions for religions; discussion of principles and case law - 2018, 181, 171
Equality Act (Sexual Orientation) Regulations, differing legislative responses to moral disagreement (2003-2007) - 2007, 159, 114
Equality and Human Rights Commission (EHRC) consultation on religion & belief cases for ECtHR (2011) - 2014, 173, 113
employees & office holders, distinction between - 2006, 156, 59
employee posting moderate comments against same-sex Church marriages on personal facebook page, wrongfully dismissed from housing trust (case) - 2013, 170, 144
employing only Christians is legal only if a job evaluation for each post shows this to be a Genuine Occupational Requirement (case) - 2008, 161, 132
employment appeal can't challenge original tribunal's finding of fact; there must be an error of law (case) - 2017, 178, 129
employment case left open the extent to which political beliefs were protected by Equality Act (case) - 2015, 174, 139
employment law moving to reasonable accommodation of religious beliefs rather than employee having to quit - 2015, 174, 77
employment legislation concerning teachers in Catholic schools - 1995, 124/125, 40
employment status of the clergy: Salvation Army officers sign to show they understand they have no contract - 2017, 179, 159
English Nationalism not a protected belief as incompatible with human dignity; OU lecturer's dismissal for racism upheld (case) - 2023, 191, 197
enforcement of European Community rights - 1977, 54/55, 130
essential services and need for law reform - 1990, 106/107, 48
ethical veganism is a protected belief for employment purposes (case) - 2020, 184, 106
E.U. employment law & religious organisations: possible conflicts - 2002, 148, 4
E.U. employment law: exceptions for religious groups, but how are these defined? - 2002, 148, 4
E.U. employment law: possible effects on church schools - 2002, 148, 4
evangelical Christian dismissed for behaviour towards lesbian colleague suffered direct religious discrimination & indirect discrimination; dismissal disproportionate (case) - 2015, 175, 278
evangelical minister lost school caretaker job for tweeting against Pride march; indirect discrimination claim upheld (case) - 2022, 189, 208
Eweida and Article 9: fair balance of rights, nuanced approach to belief & need for employer to be reasonable (not always resignation) - 2013, 171, 70
Eweida & Chaplin cases, religious jewellry at work, ECHR decided differently due to health / safety factors in second case - 2013, 170, 67 & 118
facebook posts against Muslim theocracy leading to dismissal of train conductor; secular atheism is a 'philosophical belief' protected by Equality Act (case) - 2021, 187, 179
foxhunting is wrong, can be a philosophical belief for Employment Equality purposes (case) - 2011, 167, 108
freemasonry not a religion; justified exclusion of claimant from Hillsbrough Inquiry (case) - 2015, 175, 268
GCHQ did not unlawfully discriminate against applicant whose past psychosis & loyalty to God over country may pose security risk (case) - 2016, 176, 105
'gender critical' views leading to dismissal; tribunal erred in applying 'worthy of respect' test too restrictively; belief was covered by Equality Act (case) - 2021, 187, 172
gender fluidity and same-sex marriage, lack of belief in, protected as philosophical belief under Equality Act 2010, but no direct discrimination against teacher (case) - 2020, 185, 194; on appeal after submission from Archbishops' Council of the Church of England, case returned for retrial - 2023, 191, 192
generalised bullying does not count as not religious discrimination just because it is inconsistent with religious values (case) - 2017, 179, 241
Gnostic centre refused registration as a charity (case) - 2010, 164, 99
'Grainger' fifth test may involve balancing competing rights; a belief that leads to 'not respecting the law' would fail (case) - 2020, 185, 194
group disadvantage (assessment of) in religious discrimination cases (Reg. 3(b)(iii)), incompatible with Article 9 when ECHR engaged - 2015, 174, 77
guidance given to lower employment tribunals on applying the 5th 'Grainger' test for beliefs to be protected (case) - 2022, 189, 205
harrassment due to a sexual orientation that is attributed to a person (even if known on both sides to be untrue) is still protected by law (case) - 2009, 162, 85
headscarf wearer, discriminating against, for hair salon job is indirect discrimination (case) - 2009, 163, 191
Henderson case: assumed Marxism is protected philosophical belief, debated status of left wing democratic socialism; appears to protect membership of political association - 2015, 175, 180
homosexuals: case of unlawful discrimination when applying for church post - 2007, 159, 153; 2008, 160, 67
humanism is protected as philosophical belief, but employee hadn't raised her beliefs so no direct discrimination (case) - 2012, 169, 293
Humanists UK's application for Judicial review against the Catholic Education Service for prioritising Catholic teachers, refused on many grounds - 2019, 182, 49
imam ruled to be an employee by tribunal (case) - 2013, 171, 113
importance of reasons and openness in appointment procedures - 1997, 134/135, 13
indirect discrimination: employment cases in English, Australian & European law - 1995, 126/127, 83
indirect discrimination against job applicants - 1998, 136/137, 63
indirect religious discrimination uses group comparators; reasonable accommodation focusses on individual needs / difficulties & is more proactive - 2022, 188, 6
Jehovah's Witness suffered unfair dismissal and religious discrimation by work hours being changed so couldn't attend worship (case) - 2012, 168, 148
Jewish campaigner not unlawfully harrassed by Union criticism of Israel - they have freedom of expression (case) - 2013, 171, 110
refusing Jewish job applicant Shabbat shifts off when could be covered by others was discrimination; damages due (case) - 2015, 175, 271
Ladele & McFarlane cases: ECHR upheld that religious views cannot justify discrimination against homosexual couples - 2013, 170, 67 & 118
lost contract for actress due to publication of her views on Bible being against homosexuality; beliefs protected but no loss as no longer wanted that job (case) - 2021, 186, 87
low caste domestic worker not paid legal wages and suffered racial harrassment / indirect religious discrimination (case) - 2015, 175, 298
Marxist beliefs not protected in employment law; 'philosophical belief' does not encompass political beliefs (case) - 2011, 166, 83
Mba case about religious right not to work on Sundays, analysis of, in light of reasonable accommodation by employer - 2015, 174, 77
Methodist Clergy, employment status of: 'Preston' case analysis, no intention to create a contract - 2017, 179, 159
Methodist minister may be an employee for unfair dismissal purposes (case) - 2011, 166, 87; due to Percy case, minister can be employee so appeal rejected (case) - 2012, 168, 135; can't claim unfair dismissal (despite Percy) due to status in Church constitution (SC) - 2013, 170, 135
midwife with religious objection to wearing trousers (in operating theatre) dismissed due to infection control (case) - 2012, 168, 116
minister of religion (C. of E. with freehold) can't claim unfair dismissal due to no contractual relationship with Diocesan Finance Board or Bishop (case) - 2012, 168, 142; EAT rules was an 'employee' and a 'worker' so fresh hearing allowed - 2014, 172, 100; Court of Appeal rules cases are specific as to employment rights, here no contract but office holder could be employee - 2015, 175, 297
minister of religion, whether covered by employment protection legislation - 1986, 90/91, 126
minister of religion dismissed for 'marriage difficulties' allowed to appeal (case) - 2018, 180, 140
ministers of religion can sometimes have employee status and claim unfair dismissal etc - 2007, 158, 83
ministers of religion, do they have employment status? - 2006, 156, 59
ministers of religion, employment status of - 1997, 132/133, 22
ministers of religion, no general principle that have rights as employees but can't assume no legal relations - 2007, 159, 129
ministers of religion, Percy case: bringing discrimination into the question of employment status of clergy; review of case law - 2017, 178, 80
ministers of religion: URC ordinand in training is an apprentice & in employment (case) - 2018, 181, 245
ministers of religion, views of the different Churches on giving employment rights to - 2006, 156, 59
ministers of religion, workers rights available to, but employee rights depend on denomination - 2007, 159, 129
ministers outside the ambit of employment protection legislation -1984, 80/81, 69
mother discriminated against at work due to son being disabled is a case of disability discrimination (case) - 2008, 161, 148 (ECJ); 2009, 162, 85 (Tribunal); (associative discrimination UKEAT) 2010, 164, 96
muslim dress: nursery upheld in not allowing long jilbab for health and safety reasons (case) - 2015, 175, 267
muslim dress: school can ban niqab for staff since hampers communication - 2007, 158, 74
muslim employee not harrassed or discriminated against by a bag security test that used a bag labelled with a muslim phrase (case) - 2022, 189, 188
muslim security guard not allowed to attend friday prayers but offered alternative work days, not discriminated against (case) - 2011, 167, 104
muslim teaching assistant sacked for her objection to footage of 9/11 attacks being shown was victimised but claim to further detriment due to information being given to authorities, dismissed (case) - 2018, 180, 121
non-employee, vicarious liability for sexual abuse upheld against Jehovah's witnesses (case) - 2015, 175, 266
nurse dismissed for inappropriate proselytising with patients; dismissal upheld, no rights breached (case) - 2017, 179, 243; appeal dismissed as improper proselytism not Article 9 protected - 2019, 182, 87
nurse (Catholic) disciplined for wearing a cross necklace whilst headscarves and turbans allowed; discrimination upheld (case) - 2022, 188, 90
nursery manager dismissed for manifestation of religion, not belief itself, so not discrimination (case) - 2014, 172, 85
organist on verbal contract with some employment benefits and other self-employed aspects, ruled as employed (case) - 2011, 167, 120
orthodox Jew denied Jobseeker's Allowance since willing to work but not on Shabbat, allowed to appeal (case) - 2013, 171, 123
orthodox Jew dismissed for not attending work on high holyday after holiday was cancelled, indirectly discriminated against by company policy (case) - 2022, 189, 203
orthodox Jewish nursery school harrassed and unjustifiably dismissed an employee for cohabitation (case) - 2018, 180, 124
philosophical belief: fear of catching covid doesn't amount to a belief protected by the Equality Act 2010 (case) - 2022, 188, 103
'philosophical belief', meaning of: five criteria from ECHR jurisprudence & Grainger; problems of application to employment law - 2015, 175, 180
philosophical belief for employment protection, requires minimum standard of cogency - 'New World Order' beliefs not covered (case) - 2012, 169, 265
political beliefs / membership of party: confusion over whether protected in Equalty Act 2010 and employment case law - 2015, 175, 180
priests (R.C.) can be regarded as employees for diocesan vicarious liability - 2019, 182, 37
prison chaplains post 2002 can be non-Christian: muslim claimed indirect discrimination as paid less due to shorter service time; dismissed as proportionate (case) - 2014, 172, 97
prison service pay scale for Muslim chaplains indirectly discriminatory, but was this proportionate? (case) - 2017, 178, 129
prison worker preaching against homosexuality without permission sacked; rights not infringed (case) - 2017, 179, 250
'public service was improperly wasteful of money', is this a philosophical belief?; case sent back to Employment Tribunal (case) - 2016, 177, 216
rabbinical dismissals: no judicial review available when religion involved - 1991, 110/111, 88
Ramadan, tribunal fair in not adjorning case for Muslim during (case) - 2010, 164, 103
rastafarian, does hairstyle cause employment discrimination (case)? - 2008, 160, 61
Reaney case: whether sexual orientation can be used to discriminate against Youth worker applicant - 2009, 163, 142
reasonable accommodation in employment law: history of (USA, Canada, Europe) and UK literature review - 2022, 188, 6
reasonable accommodation of religious beliefs & provision of services, case law and discussion; flexible working as one option - 2017, 179, 187
'reasonable adjustment' for disability in the workplace; concept could be extended to indirect religious discrimination cases to treat people differently rather than equally (as in US / Canada) - 2022, 188, 6
'reasonable adjustment' (as used in disability law) to accommodate religious rights in employment law: discussion of pros and cons - 2015, 174, 77
'religion & belief' in the Employment Equality (Religion & Belief) Regulations 2003 also protects those who lack religion/belief - 2006, 157, 58
religious communities, employees and the Canon Law - 1986, 90/91, 68
religious discrimination: brief overview of legislation on how this has been allowed for employment in religious schools - 2019, 182, 49
religious discrimination actionable viewed as sex/race discrimination - 1998, 138/139, 105
religious discrimination and employment - 2004, 152, 8
religious discrimination cases moving from 'core component' or group size focus to protecting individual beliefs (in proportionality assessment) - 2015, 174, 77
religious discrimination in employment - 1998, 138/139, 105
religious dress: muslim worker dismissed for wearing headscarf suffered indirect (not direct) discrimination & unfairly dismissed (case) - 2012, 169, 267
religious institutions' employment law, US and UK legal, social & definitional differences - 2011, 166, 37
religious observances in conflict with work - 1998, 138/139, 105
reviews of cases showing how far religion can affect employment - 2009, 163, 142
safety & hygiene issues override discrimination issues - 1998, 138/139, 105
same-sex adoption, claimant suspended from job argues was due to religious views against; court rules was due to not informing about media interviews (case) - 2017, 179, 242; appeal dismissed as judicial oath flouted inter alia - 2019, 183, 242; appeal failed due to limits on public expression of beliefs - 2021, 186, 71
senior worker overstepped boundaries with religious pressure on junior colleague, employer disciplinary action justified (case) - 2015, 175, 299; appeal dismissed, manifestation of belief inappropriate towards subordinate - 2016, 176, 107
Seventh Day Adventist claimed indirect religious discrimination for having to work on Sabbath, appeal found tribunal failed to assess if company's aims proportionate (case) - 2019, 182, 99
Seventh Day Adventist claiming discrimination for not working fridays after sundown, lost as was due to other performance factors (case) - 2013, 170, 125
Seventh Day Adventist teacher dismissed for criticising homosexuality & Sunday worship, court rules teacher's rights not paramount (case) - 2013, 171, 113
Sex Discrimination Law - brief summary of changes affecting ministers & religious employers - 2005, 155, 145
shouting expletives with reference to the Pope doesn't count as harrassment of Catholic employee as only expressing irritation (case) - 2013, 170, 124
Sikh indirectly discriminated against by hospitality agency's 'no beards' policy (case) - 2020, 184, 107
Sikh police officer can be banned from wearing ritual dagger, proportionate means to legitimate aim (case) - 2012, 169, 264
Sikh priest given right to reconsider in light of Percy whether he is a 'worker' (under Minimum Wage Act) (case) - 2012, 168, 145
'specific situation' rule - changes away from freedom to resign a job being counted as freedom of religion protection - 2013, 171, 70
spiritualism is a 'belief' in employment law (case) - 2010, 164, 101
Stoicism when practised sincerely is protected as philosophical belief under Equality Act 2010, but discrimination claim here failed (case) - 2020, 185, 192
Strasbourg Court on discrimination due to belief; must be a worldview rather than mere opinion but political beliefs should be protected - 2015, 175, 180
Sunday working (imposing of) doesn't necessarily violate Christian rights (case) - 2009, 163, 142
teacher at Orthodox Jewish school sacked for cohabitation; not religious discrimination but was sex discrimination & harrassment (case) - 2019, 182, 85
teacher on probation doesn't have unfettered right to preach Christianity to children & colleagues, dismissal upheld (case) - 2018, 180, 123
teacher who stayed with husband convicted of sexual offences was unfairly & wrongfully dismissed; appeal allowed that was indirect belief discrimination as teacher was Anglican & so committed to marriage (case) - 2016, 177, 222
Temple employee working for small salary awarded damages for not receiving minimum wage (case) - 2014, 173, 223
trades union membership and religious belief - 1978, 56/57, 53
trades union rules not to be used capriciously to deprive members of work - 1971, 30, 29
transgender rights: freedom of expression is a right but can't trump offending dignity of others (case law p129-138) - 2020, 185, 121
tribunal considers that if discrimination due to 'caste' has aspects relating to 'ethnic origins' then could be covered by Equality Act (case) - 2015, 174, 129
unilateral conditions imposed on job applicants and the Theft Act - 1991, 108/109, 31
vegetarianism worthy of respect but not a philosophical belief under Equality Act 2010 (case) - 2019, 183, 240
vicarious liability: Morrisons not held liable on appeal for employee who published staff personal data (case); may influence findings in church abuse cases - 2020, 184, 120
vicarious liability scope extended: responsible for individuals carrying out assigned activities (cases) - 2016, 176, 82
vicarious liability tests: diocese wins claim that religious institute should share liability for sexual abuse of school boys - 2012, 169, 246; 2013, 170, 113
violinist suspended from orchestra for a published letter, no direct discrimination as humanist beliefs not explicit (case) - 2012, 169, 293
volunteer cannot claim discrimination under disability or equality law (case) - 2010, 164, 111; appeal upholds original decision - 2011, 166, 103; no employment rights (SC) - 2013, 170, 147
volunteer, is he protected by Employment Equality law, referred to ECJ (case) - 2010, 164, 108; claim withdrawn - 2012, 168, 130
wearing a poppy to work not important enough philosophical belief for coverage by Equality Act (case) - 2012, 169, 278
who employs a minister of religion - God or Church? - 1997, 132/133, 22
Wiccan unfairly dismissed after derogatory comments concerning a change of shifts to celebrate Halloween & sex discrimination (case) - 2014, 172, 88
Australia
gay rights activist wins discrimination case against Catholic Schools - 2002, 148, 4
Austria
Jehovah's Witnesses rights violated by preventing them employing a foreign minister and having to pay tax on a donation due to lack of State recognition (ECHR) - 2013, 170, 126
paid holiday on Good Friday, giving this only to certain religions is direct discrimination and against equal treatment (case) - 2019, 182, 83
Belgium
religious dress at work: company can have religiously neutral rules applied to all; indirect discrimination allowed if legitimate and necessary (case) - 2017, 178, 118
religious dress in workplace; religious and philosphical beliefs constitute separate grounds of protection (EUECJ opinion) - 2022, 189, 197
Bulgaria
dismissal by State employer due to belonging to a religious group is unlawful (ECHR) - 2007, 158, 78
Canada
Canadian approach to reasonable accommodation of religious belief, high threshold for employer to justifiably discriminate - 2015, 174, 77
reasonable accommodation in employment law: history of (USA, Canada, Europe) and UK literature review - 2022, 188, 6
Croatia
school teacher of Catholic religion, dismissal after divorce & remarriage not disproportionate; he had received some help (ECHR) - 2016, 177, 227
Europe
change in emphasis in ECHR case law (since 2005) away from proving manifestation & interference in beliefs, towards possible justification for the interference - 2013, 171, 52
freedom of religion cases, motivation & manifestation in, paradoxical treatment in Eweida, Arrowsmith & Sahin - 2013, 171, 52
freedom of religion in employment case law not violated if able to leave job until Eweida, now must weigh proportionateness - 2013, 171, 52
France
employer (without dress rules) cannot say a customer's wish not to deal with employee in hijab is a genuine occupational requirement (case) - 2017, 178, 118
Germany
Catholic assistant in Protestant day-nursery can be dismissed due to incompatible beliefs (ECHR) - 2011, 166, 101
church workers having affairs and being dismissed; one case upheld, the other not (ECHR) - 2011, 166, 88
job applicant claims discrimination due to lack of Church membership; employer must ensure requirement is genuine, legitimate & justifiable (EUECJ) - 2018, 181, 260
refusal to follow instructions leading to dismissal on grounds of 'subjective moral dilemma' does not necessarily constitute 'belief' under Article 9 (case) - 2008, 161, 144
religious dress in the workplace; interpretation of the Equal Treatment Directive (EUECJ) - 2021, 187, 186
Hungary
Minister of Reformed Church can't sue against dismissal in labour courts as labour law doesn't apply / no contract; can't sue in civil law (ECHR) - 2016, 176, 91; dismissal not governed by secular law so inadmissible (ECHR) - 2017, 179, 237
Latvia
ECHR rules in a wrongful dismissal employment case on Article 10 grounds; implications for religious employers? (ECHR) - 2015, 175, 294
jurisdiction scope of ECHR increases as it rules in a wrongful dismissal employment case (ECHR) - 2015, 175, 294
Netherlands
Article 9 doesn't give foreign nationals a right of residence to take up employment, even for a religious association - 2008, 160, 51
Northern Ireland
airport baggage handler alleged dismissal due to views against homosexuality; discrimination unproven and temporary contact gave no right to claim - 2017, 179, 234
candidate for N.I. Water Board job won religious (not political) discrimination; Code and Procedures breached (case) - 2012, 169, 276
employment status of Church of Ireland clergy in Northern Ireland and the Republic: Constitutional and Legislative differences; case law - 2017, 178, 80
firm vicariously liable for victimisation on grounds of religion or political opinion (case) - 2018, 180, 143
unlawful to discriminate against someone for their beliefs but can for their previous actions e.g. political violence (case) - 2009, 163, 189
Republic of Ireland
Catholic teacher dismissal due to conduct upheld despite no contract breach - 1995, 124/125, 54
Church of Ireland: legal structure of, types of clerical appointment; need for clarity in employment status of ministers - 2017, 178, 80
clergy: no legal employment status - 2005, 155, 144
employment status of Church of Ireland clergy in Northern Ireland and the Republic: Constitutional and Legislative differences; case law - 2017, 178, 80
Romania
refusal to register an Orthodox trade union for salaried employees violated rights of assembly and association (ECHR) - 2012, 168, 144; ruling reversed by GC in favour of State's authority to decide - 2013, 171, 122
Scotland
atheist teacher was discriminated against by not being given interview for pastoral post in Catholic school - 2009, 163, 142
Christian beliefs, Trust dismissed Chief Executive unfairly and discriminated against him due to (case) - 2021, 187, 180
Church of Scotland treated differently as an employer by Westminster & the EU - 2002, 149, 125
ministers of religion (Free Presbyterian Church of Scotland) are office-holders, not employees, but going to Employment tribunal does not forfeit right to judicial review of church tribunal - 2010, 165, 227
Spain
laicised married priest teaching in school, contract not renewed by Bishop, no rights violated as grounds strictly religious (ECHR) - 2012, 169, 269
ministers of religion in Spain, past registration of and current definitions of - 2004, 153, 100
requisites for ministers of different religions to be included in social security system - 2004, 153, 100
social security law and ministers of religion - legal, contribution & benefits details - 2004, 153, 100
work of ministers of religion generally not regulated by employment law (Spanish case law) - 2004, 153, 100
Sweden
midwives refusing to assist in abortions whose job offers were withdrawn had not been discriminated against (ECHR) - 2020, 184, 101
Turkey
civil servant moved from job due to his beliefs & wife's veil wearing; Article 8 violated and Article 6 due to trial length (ECHR) - 2016, 176, 103
United States of America
application of Religious Freedom Restoration Act (R.F.R.A.) to a corporation to allow exemption to mandate providing contraception to employees - 2015, 175, 209
church autonomy very wide in employment/dismissal of anyone in religious capacity ('ministerial exception') or by religious organisation, but few rights for employees - 2011, 166, 37
discrimination due to sexual orientation or transgender status, which does 'sex' refer to in Title VII of Civil Rights Act 1964? - 2020, 185, 110
freedom of religion: religious employers have wide-ranging exemptions to employment discrimination but will this last? - 2020, 185, 110
'ministerial exception': case law relating to, rationale for & anti-discrimination issues raised - 2012, 169, 210
reasonable accommodation in employment law: history of (USA, Canada, Europe) and UK literature review - 2022, 188, 6
religious communities, employees and the Canon Law - 1986, 90/91, 68
Supreme Court analyses LGBT employment rights in light of Civil Rights Act 1964 & Free Exercise Clause of First Amendment - 2020, 185, 110

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The Edmund Plowden Trust