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13 September 2012 / Hle Blog
Issue: 7529 / Categories: Blogs
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Freedom of religion

HLE blogger James Wilson examines the controversy surrounding religion in the workplace

"The American humourist PJ O’Rourke once said that it was funny how those who wanted to share their religious views with you never wanted you to share yours with them. The European Court of Human Rights is about to share its views with all of us: this week it is hearing four cases on religion and the law.

All four applicants are practising Christians who complain that UK law did not sufficiently protect their rights to freedom of religion and freedom from discrimination at work. Nadia Eweida, a British Airways employee, and Shirley Chaplin, a geriatrics nurse, complain that their employers placed restrictions on their visibly wearing Christian crosses while at work. Lilian Ladele, a registrar of births, deaths and marriages, and Gary McFarlane, a Relate counsellor, complain about their dismissal for refusing to carry out certain of their duties which they considered would condone homosexuality.

One might be forgiven for thinking that the symbols cases were a relatively trivial matter. Almost no-one would be offended by someone wearing a cross.

The answer, however, is that we are back in the realms of legal principle, and while the crosses might well be seen as harmless symbols that merely reflect a mainstream faith, if they are permitted as a legitimate departure from the employer’s otherwise secular uniform policy, someone could turn up wanting to wear something offensive and citing religious grounds for doing so.

One possible response is that relatively inoffensive symbols should be permitted, but not ones that are blatantly offensive.

There are several problems with the court trying to decide what is offensive and what is reasonable. Is it to be judged from the perspective of the victim, the perpetrator or a neutral observer?...”

To continue reading go to: www.halsburyslawexchange.co.uk

Issue: 7529 / Categories: Blogs
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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