Religious discrimination, or persecution?
Published: 05:23PM BST 04 Feb 2010
Any breach of those rights can lead to us asserting claims for discrimination on the grounds of our religion or beliefs and understandably so.
The protection of our rights should be clear within this context, but recent cases have highlighted the subtle distinction between what constitutes a religious belief and what constitutes an inappropriate promotion of that belief which is not permissible.
Nowhere is this highlighted more succinctly than in the recent case of Olive Jones, which attracted considerable media attention. A maths supply teacher, Mrs Jones was 'sacked' by North Somerset Council after she offered to pray for a sick girl during a home visit.
The council initially took the action that it did, as the parents of the sick girl lodged a complaint, setting out that they were non-believers and that the girl had been 'traumatised' by Mrs Jones' attempts to impose her beliefs.
When the council took the action it did, Mrs Jones' response – consistent with the media coverage – was that she had been a victim of religious persecution, having been told her behaviour had been akin to bullying.
Although the council has since reviewed its decision and reinstated Mrs Jones, the case highlights the difficulties employers and employees face when protecting both the right to hold a belief and the right to manifest it.
The case not also highlighted strongly felt opinions and beliefs, both of which are protected by the European Convention of Human Rights and discrimination legislation, but also tested the fine line between common sense and falling foul of discrimination legislation.
Commonsense, however, is the operative word, and we have been assisted by judgments in the Employment Appeal Tribunal and Court of Appeal which have helpfully distinguished between the belief itself, which should be protected, and the conduct when manifesting the belief. Where that conduct is inappropriate, then it is not permissible.
So, although it is evident that the answer lies in the appropriateness of the conduct, the uncertainty still remains, as this will always be a question of degree.
rights ensure a
level playing field"
Thalis Vlachos,
Associate
