New guidance on managing religion and belief in the workplace

Not sure how to manage employee rights to express religion or belief at work? The Equality and Human Rights Commission (EHRC) have published a practical guide for employers. The new guidance will help employers interpret the implications of recent cases on workforce practice.

The European Court of Human Rights in Strasburg scrutinised four UK cases about religious freedom in the workplace. Two cases - the Case of Nadia Ewida and the Case of Shirley Chaplin, involved the right to wear a cross at work. For Eweida, the Court agreed that Eweida's rights to religious freedom had been violated when she was prevented from openly wearing a small silver cross on a chain around her neck. This overturns the decision of the UK Courts. However, for Shirley Chaplin, a nurse, the Court ruled that health and safety considerations meant that the UK court reached the right conclusion in supporting her employer’s actions to prevent her wearing a cross at work.

Two further cases - the Case of Lillian Ladele and the Case of Gary McFarlane, involved sanctions taken by their employers as a result of their concerns about providing services for gay and lesbian couples. Ms Ladele was disciplined for refusing to carry out civil partnership ceremonies at the Register Office where she worked. Mr McFarlane was dismissed for refusing to provide counselling to same-sex couples. The European Court of Human Rights’ ruling on both these cases was that there had been no violation of rights to religious freedom, and Courts in the UK had reached the right decision in upholding the employers’ actions as legitimate.

The new guidance by the EHRC will help employers interpret the implications of these cases on workforce practice. The guide includes practical advice on how to tell if a religion or belief is genuine, the kinds of religion and belief requests that employers need to consider, and how to deal with these effectively.

To download the guidance, click here