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22 March 2013 / Sarah Johnson
Issue: 7553 / Categories: Features , Employment
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The balancing act

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Sarah Johnson reviews recent guidance on how to balance the competing interests of employees

Balancing employees’ sometimes competing interests has always been difficult. Recent cases on religion and belief in the workplace have led to helpful new guidance from the Equality and Human Rights Commission (the Commission).

Religion or belief in the workplace: A guide for employers following recent European Court of Human Rights judgments (the guidance) was published following the judgment of the European Court of Human Rights (ECtHR) in four combined cases; Eweida and others v UK (App Nos 48420/10, 59842/10, 51671/10 and 36516/10). These cases were brought by Christians, but the judgment impacts employees with any, or without any, religion or belief.

Facts

The claimants argued that UK law had failed to protect their right to manifest religion under (among other things) Arts 9 and 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms (Convention). 

Ms Eweida and Ms Chaplin both wanted to wear a visible cross in breach of their employers’ uniform policies.

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