gavel
scales subject index durham cathedral

 

Home
Law & Justice
subscriptions
contributors
Edmund Plowden Trust
Memorial Lecture
Journal Index
Advertisements
Contact Us

 

 

 

back to subject index

EMPLOYMENT LAW

adoption by same sex couples, conscientious objection by Justice of the Peace, discrimination case disallowed - 2008, 160, 63
anti-discrimination legal systems of EU derived law and ECHR jurisprudence: comparing spheres of operation, characteristics protected & justification different - 2015, 174, 77
anti-Semitism is a 'philosophical belief' but is not protected as is not worthy of respect (case) - 2013, 171, 104
art gallery, offering work to, not covered by employment legislation - 2008, 160, 66
Baptist church ministers: employment status, registration, discipline and religious understanding of role - 2012, 168, 5
beauty consultant with own company can't claim discrimination employment rights from another company that withdrew her authorisation (case) - 2015, 174, 147
belief in ideals of public service broadcasting could be 'philosophical belief' in employment law (case) - 2011, 167, 113; leave to appeal refused as superiors unaware of belief - 2015, 175, 277
BNP councillor sacked from driving job judged allowable due to safety risks by UK but Strasbourg ruled should be some protection for beliefs - 2015, 175, 180
Cambridge University promotions controversy - 1997, 134/135, 13
can Christian groups discriminate against employees for sexual orientation/conduct? - 2002, 148, 4
case law concerning the employment status of the clergy (intention to create legal relations or evidence of a contract) - 2013, 171, 79
Catholic wanting five weeks off work to attend religious festivals each summer not covered by discrimination law as not intimately linked to belief (case) - 2016, 176, 87
Christian counsellor refusing to give same-sex sexual therapy can be dismissed (case) - 2010, 164, 107; can't have legal protection for a faith based moral position (leave to appeal dismissed) - 2010, 165, 229; case taken to ECHR - 2011, 167, 111
Christian not discriminated against by employers refusal to allow wearing of cross (Eweida case) - 2008, 160, 56; appeal dismissed 2009, 162, 87; further appeal dismissed 2010, 164, 97; case taken to ECHR - 2011, 167, 115
Christian objection to working on Sundays, not classed as 'core belief' as many don't follow it, but specific circumstances must be considered in each case (case) - 2013, 170, 131; judgment retained on appeal but wrong to say beliefs must be core ones - 2014, 172, 94; 2015, 174, 77
Christian radio banned from advertising for data on marginalisation of Christians in the workplace as was political (case) - 2012, 169, 279; appeal dismissed - 2014, 172, 90
Christian registrar who loses job as refused to conduct civil partnership ceremonies is discriminated against (case) - 2008, 161, 137; on appeal it is decided she is not discriminated against - 2009, 162, 91; further appeal dismissed (public employees must not discriminate due to sexual orientation) 2010, 164, 104
Church employment law: less discretion for churches than US but more rights for workers - 2011, 166, 37
Church of England priest was an 'employee' and a 'worker' therefore fresh tribunal hearing allowed (Sharpe EAT case) - 2014, 172, 100
churches in UK can only choose religious affiliation of ministers & closely related posts, for others equality laws apply - 2011, 166, 37
Civil Partnership registration, imposing of on registrar, doesn't violate Christian rights (case) - 2009, 163, 142
clashes of rights between religious workplaces & non-religious prospective employees - 2002, 148, 4
clause in arbitration agreement requiring arbitrators to be Ismali is unlawful (reversal of the judgement in 2009, 163, 186) - 2010, 165, 223; Supreme Court holds original agreement is lawful - 2011, 167, 109
clergy, employment status of: distinctions between employees, workers and (formal/informal) office holders (case law and rights) - 2013, 171, 79
clergy, employment status of: problems with the current situation; need for Churches to agree on legislation to protect clergy and vocation - 2013, 171, 79
clergy, maintenance of, in the Italian Catholic Church - 2005, 155, 137
clergyman refused ministry licence due to same-sex marriage; Bishop was a qualification body but was proportionte to refuse licence (case) - 2016, 176, 96
climate change can be a 'philosophical belief' in employment law (case) - 2010, 164, 100
closed shop and European Convention on Human Rights - 1983, 78/79, 112
co-determination in corporate management - 1970, 27, 62
compulsory retirement age, not discriminatory for an EU state to set one (but government is reviewing this (case) - 2009, 163, 175
courts martial: are Royal Navy & RAF tribunals independent & impartial? - 2004, 153, 184
credit protection insurance not available to part-timers, discrimination? - 1993, 116/117, 54
crucifix wearing at work, nurse not discriminated against by being moved to admin. position (case) - 2010, 165, 216; case taken to ECHR - 2011, 167, 111
Diocesan Bishop is a qualifications body when gives / revokes licences to officiate so Equality Act engaged for discrimination claims (case) - 2016, 176, 86
direct & indirect discrimination in employment cases - 1998, 138/139, 105
discrimination by association can be due to the religious beliefs of another employee (case) - 2009, 162, 96
discrimination on grounds of religion & belief - new legislation - 2003, 151, 182
dismissal of doctor for refusing to stop using Christian references in professional communications upheld (case) - 2013, 171, 109
dimissal of employee in Christian based job for refusing to attend structured prayer / training, not religious discrimination (case) - 2013, 170, 120
ECHR doesn't require 'necessity' or weighting of religious beliefs to invoke article 9 so EAT doing this may not be legitimate precedent (case) - 2013, 170, 131; judgment retained on appeal but wrong to say beliefs must be core ones - 2014, 172, 94
Equality Act (Sexual Orientation) Regulations, differing legislative responses to moral disagreement (2003-2007) - 2007, 159, 114
Equality and Human Rights Commission (EHRC) consultation on religion & belief cases for ECtHR (2011) - 2014, 173, 113
employees & office holders, distinction between - 2006, 156, 59
employee posting moderate comments against same-sex Church marriages on personal facebook page, wrongfully dismissed from housing trust (case) - 2013, 170, 144
employing only Christians is legal only if a job evaluation for each post shows this to be a Genuine Occupational Requirement (case) - 2008, 161, 132
employment case left open the extent to which political beliefs were protected by Equality Act (case) - 2015, 174, 139
employment law moving to reasonable accommodation of religious beliefs rather than employee having to quit - 2015, 174, 77
employment legislation concerning teachers in Catholic schools - 1995, 124/125, 40
enforcement of European Community rights - 1977, 54/55, 130
essential services and need for law reform - 1990, 106/107, 48
E.U. employment law & religious organisations: possible conflicts - 2002, 148, 4
E.U. employment law: exceptions for religious groups, but how are these defined? - 2002, 148, 4
E.U. employment law: possible effects on church schools - 2002, 148, 4
evangelical Christian dismissed for behaviour towards lesbian colleague suffered direct religious discrimination & indirect discrimination; dismissal disproportionate (case) - 2015, 175, 278
Eweida and Article 9: fair balance of rights, nuanced approach to belief & need for employer to be reasonable (not always resignation) - 2013, 171, 70
Eweida & Chaplin cases, religious jewellry at work, ECHR decided differently due to health / safety factors in second case - 2013, 170, 67 & 118
foxhunting is wrong, can be a philosophical belief for Employment Equality purposes (case) - 2011, 167, 108
freemasonry not a religion; justified exclusion of claimant from Hillsbrough Inquiry (case) - 2015, 175, 268
GCHQ did not unlawfully discriminate against applicant whose past psychosis & loyalty to God over country may pose security risk (case) - 2016, 176, 105
Gnostic centre refused registration as a charity (case) - 2010, 164, 99
group disadvantage (assessment of) in religious discrimination cases (Reg. 3(b)(iii)), incompatible with Article 9 when ECHR engaged - 2015, 174, 77
harrassment due to a sexual orientation that is attributed to a person (even if known on both sides to be untrue) is still protected by law (case) - 2009, 162, 85
headscarf wearer, discriminating against, for hair salon job is indirect discrimination (case) - 2009, 163, 191
Henderson case: assumed Marxism is protected philosophical belief, debated status of left wing democratic socialism; appears to protect membership of political association - 2015, 175, 180
homosexuals: case of unlawful discrimination when applying for church post - 2007, 159, 153; 2008, 160, 67
humanism is protected as philosophical belief, but employee hadn't raised her beliefs so no direct discrimination (case) - 2012, 169, 293
imam ruled to be an employee by tribunal (case) - 2013, 171, 113
importance of reasons and openness in appointment procedures - 1997, 134/135, 13
indirect discrimination: employment cases in English, Australian & European law - 1995, 126/127, 83
indirect discrimination against job applicants - 1998, 136/137, 63
Jehovah's Witness suffered unfair dismissal and religious discrimation by work hours being changed so couldn't attend worship (case) - 2012, 168, 148
Jewish campaigner not unlawfully harrassed by Union criticism of Israel - they have freedom of expression (case) - 2013, 171, 110
refusing Jewish job applicant Shabbat shifts off when could be covered by others was discrimination; damages due (case) - 2015, 175, 271
Ladele & McFarlane cases: ECHR upheld that religious views cannot justify discrimination against homosexual couples - 2013, 170, 67 & 118
low caste domestic worker not paid legal wages and suffered racial harrassment / indirect religious discrimination (case) - 2015, 175, 298
Marxist beliefs not protected in employment law; 'philosophical belief' does not encompass political beliefs (case) - 2011, 166, 83
Mba case about religious right not to work on Sundays, analysis of, in light of reasonable accommodation by employer - 2015, 174, 77
Methodist minister may be an employee for unfair dismissal purposes (case) - 2011, 166, 87; due to Percy case, minister can be employee so appeal rejected (case) - 2012, 168, 135; can't claim unfair dismissal (despite Percy) due to status in Church constitution (SC) - 2013, 170, 135
midwife with religious objection to wearing trousers (in operating theatre) dismissed due to infection control (case) - 2012, 168, 116
minister of religion (C. of E. with freehold) can't claim unfair dismissal due to no contractual relationship with Diocesan Finance Board or Bishop (case) - 2012, 168, 142; EAT rules was an 'employee' and a 'worker' so fresh hearing allowed - 2014, 172, 100; Court of Appeal rules cases are specific as to employment rights, here no contract but office holder could be employee - 2015, 175, 297
ministers of religion can sometimes have employee status and claim unfair dismissal etc - 2007, 158, 83
minister of religion, whether covered by employment protection legislation - 1986, 90/91, 126
ministers of religion, do they have employment status? - 2006, 156, 59
ministers of religion, employment status of - 1997, 132/133, 22
ministers of religion, no general principle that have rights as employees but can't assume no legal relations - 2007, 159, 129
ministers of religion, views of the different Churches on giving employment rights to - 2006, 156, 59
ministers of religion, workers rights available to, but employee rights depend on denomination - 2007, 159, 129
ministers outside the ambit of employment protection legislation -1984, 80/81, 69
mother discriminated against at work due to son being disabled is a case of disability discrimination (case) - 2008, 161, 148 (ECJ); 2009, 162, 85 (Tribunal); (associative discrimination UKEAT) 2010, 164, 96
muslim dress: nursery upheld in not allowing long jilbab for health and safety reasons (case) - 2015, 175, 267
muslim dress: school can ban niqab for staff since hampers communication - 2007, 158, 74
muslim security guard not allowed to attend friday prayers but offered alternative work days, not discriminated against (case) - 2011, 167, 104
non-employee, vicarious liability for sexual abuse upheld against Jehovah's witnesses (case) - 2015, 175, 266
nursery manager dismissed for manifestation of religion, not belief itself, so not discrimination (case) - 2014, 172, 85
organist on verbal contract with some employment benefits and other self-employed aspects, ruled as employed (case) - 2011, 167, 120
orthodox Jew denied Jobseeker's Allowance since willing to work but not on Shabbat, allowed to appeal (case) - 2013, 171, 123
'philosophical belief', meaning of: five criteria from ECHR jurisprudence & Grainger; problems of application to employment law - 2015, 175, 180
philosophical belief for employment protection, requires minimum standard of cogency - 'New World Order' beliefs not covered (case) - 2012, 169, 265
political beliefs / membership of party: confusion over whether protected in Equalty Act 2010 and employment case law - 2015, 175, 180
prison chaplains post 2002 can be non-Christian: muslim claimed indirect discrimination as paid less due to shorter service time; dismissed as proportionate (case) - 2014, 172, 97
'public service was improperly wasteful of money', is this a philosophical belief?; case sent back to Employment Tribunal (case) - 2016, 177, 216
rabbinical dismissals: no judicial review available when religion involved - 1991, 110/111, 88
Ramadan, tribunal fair in not adjorning case for Muslim during (case) - 2010, 164, 103
rastafarian, does hairstyle cause employment discrimination (case)? - 2008, 160, 61
Reaney case: whether sexual orientation can be used to discriminate against Youth worker applicant - 2009, 163, 142
'reasonable adjustment' (as used in disability law) to accommodate religious rights in employment law: discussion of pros and cons - 2015, 174, 77
'religion & belief' in the Employment Equality (Religion & Belief) Regulations 2003 also protects those who lack religion/belief - 2006, 157, 58
religious communities, employees and the Canon Law - 1986, 90/91, 68
religious discrimination actionable viewed as sex/race discrimination - 1998, 138/139, 105
religious discrimination and employment - 2004, 152, 8
religious discrimination cases moving from 'core component' or group size focus to protecting individual beliefs (in proportionality assessment) - 2015, 174, 77
religious discrimination in employment - 1998, 138/139, 105
religious dress: muslim worker dismissed for wearing headscarf suffered indirect (not direct) discrimination & unfairly dismissed (case) - 2012, 169, 267
religious institutions' employment law, US and UK legal, social & definitional differences - 2011, 166, 37
religious observances in conflict with work - 1998, 138/139, 105
reviews of cases showing how far religion can affect employment - 2009, 163, 142
safety & hygiene issues override discrimination issues - 1998, 138/139, 105
senior worker overstepped boundaries with religious pressure on junior colleague, employer disciplinary action justified (case) - 2015, 175, 299; appeal dismissed, manifestation of belief inappropriate towards subordinate - 2016, 176, 107
Seventh Day Adventist claiming discrimination for not working fridays after sundown, lost as was due to other performance factors (case) - 2013, 170, 125
Seventh Day Adventist teacher dismissed for criticising homosexuality & Sunday worship, court rules teacher's rights not paramount (case) - 2013, 171, 113
Sex Discrimination Law - brief summary of changes affecting ministers & religious employers - 2005, 155, 145
shouting expletives with reference to the Pope doesn't count as harrassment of Catholic employee as only expressing irritation (case) - 2013, 170, 124
Sikh police officer can be banned from wearing ritual dagger, proportionate means to legitimate aim (case) - 2012, 169, 264
Sikh priest given right to reconsider in light of Percy whether he is a 'worker' (under Minimum Wage Act) (case) - 2012, 168, 145
'specific situation' rule - changes away from freedom to resign a job being counted as freedom of religion protection - 2013, 171, 70
spiritualism is a 'belief' in employment law (case) - 2010, 164, 101
Strasbourg Court on discrimination due to belief; must be a worldview rather than mere opinion but political beliefs should be protected - 2015, 175, 180
Sunday working (imposing of) doesn't necessarily violate Christian rights (case) - 2009, 163, 142
teacher who stayed with husband convicted of sexual offences was unfairly & wrongfully dismissed; appeal allowed that was indirect belief discrimination as teacher was Anglican & so committed to marriage (case) - 2016, 177, 222
Temple employee working for small salary awarded damages for not receiving minimum wage (case) - 2014, 173, 223
trades union membership and religious belief - 1978, 56/57, 53
trades union rules not to be used capriciously to deprive members of work - 1971, 30, 29
tribunal considers that if discrimination due to 'caste' has aspects relating to 'ethnic origins' then could be covered by Equality Act (case) - 2015, 174, 129
unilateral conditions imposed on job applicants and the Theft Act - 1991, 108/109, 31
vicarious liability scope extended: responsible for individuals carrying out assigned activities (cases) - 2016, 176, 82
vicarious liability tests: diocese wins claim that religious institute should share liability for sexual abuse of school boys - 2012, 169, 246; 2013, 170, 113
violinist suspended from orchestra for a published letter, no direct discrimination as humanist beliefs not explicit (case) - 2012, 169, 293
volunteer cannot claim discrimination under disability or equality law (case) - 2010, 164, 111; appeal upholds original decision - 2011, 166, 103; no employment rights (SC) - 2013, 170, 147
volunteer, is he protected by Employment Equality law, referred to ECJ (case) - 2010, 164, 108; claim withdrawn - 2012, 168, 130
wearing a poppy to work not important enough philosophical belief for coverage by Equality Act (case) - 2012, 169, 278
who employs a minister of religion - God or Church? - 1997, 132/133, 22
Wiccan unfairly dismissed after derogatory comments concerning a change of shifts to celebrate Halloween & sex discrimination (case) - 2014, 172, 88
Australia
gay rights activist wins discrimination case against Catholic Schools - 2002, 148, 4
Austria
Jehovah's Witnesses rights violated by preventing them employing a foreign minister and having to pay tax on a donation due to lack of State recognition (ECHR) - 2013, 170, 126
Bulgaria
dismissal by State employer due to belonging to a religious group is unlawful (ECHR) - 2007, 158, 78
Canada
Canadian approach to reasonable accommodation of religious belief, high threshold for employer to justifiably discriminate - 2015, 174, 77
Croatia
school teacher of Catholic religion, dismissal after divorce & remarriage not disproportionate; he had received some help (ECHR) - 2016, 177, 227
Europe
change in emphasis in ECHR case law (since 2005) away from proving manifestation & interference in beliefs, towards possible justification for the interference - 2013, 171, 52
freedom of religion cases, motivation & manifestation in, paradoxical treatment in Eweida, Arrowsmith & Sahin - 2013, 171, 52
freedom of religion in employment case law not violated if able to leave job until Eweida, now must weigh proportionateness - 2013, 171, 52
Germany
Catholic assistant in Protestant day-nursery can be dismissed due to incompatible beliefs (ECHR) - 2011, 166, 101
church workers having affairs and being dismissed; one case upheld, the other not (ECHR) - 2011, 166, 88
refusal to follow instructions leading to dismissal on grounds of 'subjective moral dilemma' does not necessarily constitute 'belief' under Article 9 (case) - 2008, 161, 144
Hungary
Minister of Reformed Church can't sue against dismissal in labour courts as labour law doesn't apply / no contract; can't sue in civil law (ECHR) - 2016, 176, 91
Latvia
ECHR rules in a wrongful dismissal employment case on Article 10 grounds; implications for religious employers? (ECHR) - 2015, 175, 294
jurisdiction scope of ECHR increases as it rules in a wrongful dismissal employment case (ECHR) - 2015, 175, 294
Netherlands
Article 9 doesn't give foreign nationals a right of residence to take up employment, even for a religious association - 2008, 160, 51
Northern Ireland
candidate for N.I. Water Board job won religious (not political) discrimination; Code and Procedures breached (case) - 2012, 169, 276
unlawful to discriminate against someone for their beliefs but can for their previous actions e.g. political violence (case) - 2009, 163, 189
Republic of Ireland
Catholic teacher dismissal due to conduct upheld despite no contract breach - 1995, 124/125, 54
clergy: no legal employment status - 2005, 155, 144
Romania
refusal to register an Orthodox trade union for salaried employees violated rights of assembly and association (ECHR) - 2012, 168, 144; ruling reversed by GC in favour of State's authority to decide - 2013, 171, 122
Scotland
atheist teacher was discriminated against by not being given interview for pastoral post in Catholic school - 2009, 163, 142
Church of Scotland treated differently as an employer by Westminster & the EU - 2002, 149, 125
ministers of religion (Free Presbyterian Church of Scotland) are office-holders, not employees, but going to Employment tribunal does not forfeit right to judicial review of church tribunal - 2010, 165, 227
Spain
laicised married priest teaching in school, contract not renewed by Bishop, no rights violated as grounds strictly religious (ECHR) - 2012, 169, 269
ministers of religion in Spain, past registration of and current definitions of - 2004, 153, 100
requisites for ministers of different religions to be included in social security system - 2004, 153, 100
social security law and ministers of religion - legal, contribution & benefits details - 2004, 153, 100
work of ministers of religion generally not regulated by employment law (Spanish case law) - 2004, 153, 100
Turkey
civil servant moved from job due to his beliefs & wife's veil wearing; Article 8 violated and Article 6 due to trial length (ECHR) - 2016, 176, 103
United States of America
application of Religious Freedom Restoration Act (R.F.R.A.) to a corporation to allow exemption to mandate providing contraception to employees - 2015, 175, 209
church autonomy very wide in employment/dismissal of anyone in religious capacity ('ministerial exception') or by religious organisation, but few rights for employees - 2011, 166, 37
'ministerial exception': case law relating to, rationale for & anti-discrimination issues raised - 2012, 169, 210
religious communities, employees and the Canon Law - 1986, 90/91, 68

 

 

Published by:

The Edmund Plowden Trust



subject index
case index
Hein Online
LARSN



subscriptions

 

  © 2018 The Edmund Plowden Trust - Charity Number 313580