Sunday, 8 December 2019

RESEARCH: Equality Act 2010 (4)

https://thpsolicitors.co.uk/employment-law-news/what-has-been-the-impact-of-the-equality-act/

"The legislation was seen by the Government as the ultimate goal in a history of disparate legislative measures addressing discrimination, and sometimes inequality more generally, arising from race, gender, disability and then latterly sexuality, religion, belief and age."

"The most recent cases involved the manisfestation of belief and religion, dealt with by the European Court of Human Rights. The four cases involved four practising Christians, 2 complained that their employers placed unlawful restrictions on their ability to visibly wear Christian crosses around their necks while at work; the other two complained about their dismissal from employment for refusing to carry out certain duties which they considered would condone homosexuality and be contrary their own beliefs. Of the four cases, the ECHR only ruled in favour of Ms Eweida one of the first 2 cases, albeit that her case had failed in each of theUK’s domestic courts for different reasons each time. The ECHR found that a fair balance had not been struck between, on the one hand, Ms Eweida’s desire to manifest her religious belief and her ability to communicate that belief to others, and on the other hand the employer’s wish to project a certain corporate image."

"In looking at these cases and others before the Courts, employers are faced with difficult decisions in avoiding legal challenges, whilst the price paid is high and potentially crippling if decisions are determined to be wrong."

(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)

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