The new judgment means that the courts cannot simply dismiss a case because of the possibility of changing jobs to other employment that allows the religious observance. Instead, this possibility should be a relevant factor, to be weighed amongst others, when considering whether or not the restriction is proportionate.
Tuesday, February 19, 2013
Britain's Equality Commission Issues New Guidance On Workplace Religious Accommodation
Britain's Equality and Human Right Commission this month issued two publications designed to give guidance on accommodating religion and belief in the workplace, in light of last month's judgments on the issue handed down by the European Court of Human Rights. (See prior posting.) One pamphlet, Religion or Belief in the Workplace: A Guide for Employers Following Recent European Court of Human Rights Judgments, answers common questions and sets out examples for employers. A second pamphlet, titled Religion or Belief in the Workplace: An Explanation of Recent European Court of Human Rights Judgments, summarizes last month's decisions and their impact, saying: