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The European Court of Human Rights (ECHR) today delivered a landmark judgement on four cases where it is claimed UK law does not sufficiently protect an employees’ rights to freedom of religion and freedom from discrimination at work. The cases can be categorised as uniform cases and refusal cases.
On the uniform cases the Court ruled in favour of a British Airways employee, Ms Eweida. The Court considered that her desire to manifest her Christian belief by visibly wearing a cross at work out weighed her employer’s wish to project a certain corporate image. A similar case brought by an NHS nurse failed because of the health and safety justification her employer relied on.
In the refusal cases the employees worked in jobs that required them to serve the public. Their religious beliefs inhibited them from doing so in relation to certain groups protected by discrimination law and they were dismissed. In each case the employer was pursuing a policy of non-discrimination against service users. Not surprisingly the ECHR upheld the dismissals.
Today’s judgement should be given a cautious welcome by employers. Employers are now at greater risk of a claim should they refuse to allow an employee to wear a religious or philosophical belief symbol at work but may be able to justify such a decision. Employees who serve the public have been sent a clear signal that promoting equal opportunities and requiring them to act in a way which does not discriminate against service users overrides their religious or philosophical beliefs at work.
The Government has been firm that there will be no extension to the current Job Retention Scheme which is due to end on 31 October. However yesterday saw the announcement of the Job Support Scheme.
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At a time when Tribunal resources are being increasingly stretched, this case should act as a reminder for both parties.
There is currently a backlog of employment tribunals – with the number of cases being dealt with rising by 26% since March, and expected to continue to rise with the end of the current Coronavirus Job Retention Scheme next month.
The theme for this year’s World Patient Safety Day is “Health Worker Safety: A priority for Patient Safety” and whilst there are many different aspects to this in terms of both physical and psychological safety is vital to promote learning and improve patient safety.
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