Legal Updates

Discrimination upon religious grounds ''requires clarification''

Date:  27 Aug 2008

Religious discrimination legislation in England and Wales remains difficult to interpret, it has been claimed.

According to Eversheds employment law partner Anthony Rees, cases that have reached tribunals since the introduction of religious equality laws five years ago have "only really scratched the surface" of a "highly complex" area, reports the Western Mail.

Highlighting the case of Ladele v London Borough of Islington, where registrar Lillian Ladele successfully claimed for unfair dismissal after refusing to conduct same-sex marriages, Mr Rees described how a conflict of rights could cause difficulties for employers.

In that particular instance, the tribunal gave priority to the claimant''s right to refuse an action based upon her religious beliefs, essentially prioritising this over the duties required by her role.

Mr Rees says that employers have to be objective in giving equal consideration to both points of view, given that their decisions regarding staff "could be subjected to a forensic and very public examination in an employment tribunal".

He adds: "An employer’s job is made harder by the fact that decisions are often made without any clear guidance as to how the law ought to be applied to a particular situation."

Concluding, Mr Rees suggests that as the higher courts consider more cases, opportunities to clarify points of law and distinguish particular cases may be taken – potentially aiding employers in the course of staff management.

Lynne Burns is an employment law specialist working at Vizards Tweedie and dealing with all aspects of employment law

back to Legal Updates