Equalities watchdog issues guidance on religion at work after Eweida ruling

The Equality and Human Rights Commission has issued new guidance for employers and employees on the expression of religion or belief at work, aimed at helping them avoid expensive court cases.

Publication of the guidance follows the recent landmark European Court of Human Rights case of Eweida and Others v the United Kingdom, with the Commission repeating its earlier warning that the ruling leaves “a lot of scope for confusion”.

In that case, a claim by British Airways employee Nadia Eweida after she was stopped by the company from visibly wearing a Christian cross around her neck was upheld.

However, claims by three other practising Christians were rejected, including one from a registrar at Islington Council who refused to carry out her duties in relation to same-sex marriages.

The Equality and Human Rights Commission said: “[The] fact that this judgment could be overturned on appeal and it could take time for domestic courts to re-interpret existing domestic law, has the potential to cause confusion for employers on how to deal with employees who wish to express their beliefs at work.”

The guidance includes good practice advice for employers on issues such as how to tell if a religion or belief is genuine, the kinds of religion and belief requests employers may need to consider and how they should approach dealing with them.

It specifically addresses the following questions:

  • How will an employer know if a religion or belief is genuine?
  • What kind of religion or belief requests will an employer need to consider?
  • What steps should an employer take to deal with a request?
  • What questions should employers ask to ensure their approach to a religion or belief request is justified?
  • Do employees now have a right to promote their particular religion or belief when at work?
  • Can employees refrain from work duties?

Mark Hammond, CEO of the Equality and Human Rights Commission, said: "The right of people to express their religious belief is a vital freedom, guaranteed by the European Convention on Human Rights.

"However, following these cases there is a lot of scope for confusion on this issue. A lot of the confusion and confrontation on this issue can be avoided if we can work together to come up with common sense approaches to managing beliefs in the workplace.
 Our guidance provides clarification and practical advice to employers and employees to help them avoid costly and divisive legal action.”

Hammond added that the organisation was working with the government as well as representatives from different faiths, secular and humanist groups and employers on ideas for resolving the issues thrown up by these cases.

A copy of the EHRC’s guidance on the manifestation of religion or belief at work – together with a legal explanation of the Eweida ruling – can be downloaded here

See also: Religious discrimination: lessons for the future? by Susan Belgrave