EHRC applies to intervene in religious discrimination cases

Judges have interpreted the law too narrowly in religion or belief discrimination claims, the Equality and Human Rights Commission (EHRC) has said in its application to intervene in four cases at the European Court of Human Rights, all involving religious discrimination in the workplace.

The Commission is concerned that current case law, based on rulings from both the UK and Europe, is confusing and contradictory. For example, some Christians wanting to display religious symbols in the workplace have lost their legal claim so are not allowed to wear a cross, while others have been allowed to after reaching a compromise with their employer.

As a result, it is difficult for employers or service providers to know what they should be doing to protect people from religion or belief based discrimination. They may be being overly cautious in some cases and so are unnecessarily restricting people’s rights. It is also difficult for employees who have no choice but to abide by their employers decision.

The Commission thinks there is a need for clearer legal principles to help the courts consider what is and what is not justifiable in religion or belief cases, which will help to resolve differences without resorting to legal action. The Commission will propose the idea of ‘reasonable accommodations’ that will help employers and others manage how they allow people to manifest their religion or belief.

The intervention follows a report for the Commission which found that many people do not understand their rights around religion or belief.  The Commission is concerned that this could be preventing people from using their rights.