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01 February 2013 / Mark Hill KC
Issue: 7546 / Categories: Features , Human rights , Employment
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Religion at work

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 promotes freedom of religion, expanding both its reach and

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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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