Eweida & ors v UK [2013] ECHR 37 – Law Journals

Religious Discrimination: ECJ sends out conflicting messages in headscarf ruling

A recent European decision does not give employers carte blanche to ban symbols of Islamic faith in the workplace, warns Paul Kelly ‘What the decisions do is provide a framework within which an employer that aims to portray a neutral stance on all political and religious beliefs can achieve that aim by ensuring that it …

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Discrimination: Removing employment barriers for Muslim women

Ambiguous legal protection and subconscious bias by recruiters are making it difficult for Muslim women who wear a headscarf to find work. Arpita Dutt and Rolleen McDonnell investigate ‘The requirements of one’s faith cannot be applied outside work but “politely discarded” during working hours. It would be wrong to suppose that, whereas one’s sex and …

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Discrimination: Heels, hemlines and headscarves

Sarah Fitzpatrick considers the legislation and recent decisions on dress codes in the workplace ‘Dress codes can give rise to claims of unlawful discrimination on a number of grounds, including sex, religion and, not quite so commonly, disability and gender reassignment.’Over the last few months the media have featured a number of dress-code stories, including …

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Religion Or Belief: Forgetting the Sabbath day

Employers need to take care over Sunday working despite a recent ruling that a Christian care worker did not have to be given the day off, warns Philippa O’Malley ‘The tribunal held that the requirement to work on Sundays was a proportionate method for the council to achieve its legitimate aims. Mrs Mba had suggested …

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Same-Sex Marriage: Equal rights

Brian Dempsey compares legislation on marriage for same-sex couples in England with that in Scotland ‘Neither the English nor the Scottish provisions create a new status of ‘same-sex marriage’ and references to ‘same-sex marriage’ are therefore both incorrect and suspect.’The UK and Scottish governments have acted to allow same-sex couples to marry. This has been …

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Religious Discrimination: At a legal crossroads

Oliver Spratt and Louise Mason consider the implications of the European Court of Human Rights’ decision in Eweida The tribunal rejected Eweida’s claim because wearing a cross was not a mandatory requirement of the Christian faith, but rather her personal choice. Judgment in Eweida & ors v United Kingdom was handed down on 15 January …

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