Lucy Vickers

Religious Discrimination in the Workplace: An Emerging Hierarchy?

This article considers some of the more high profile cases decided under the Employment Equality (Religion or Belief) Regulations 2003, to assess whether courts are developing case law which adequately protects religion and belief at work. First, it considers the meaning of religion with particular reference to Nicholson v Grainger PLC and suggests that this may represent a step in the wrong direction in defining �belief�. It then looks at cases which have involved religious individuals seeking to manifest religion at work in terms of religious dress. It critically examines the way the concept of proportionality has been used to decide these cases, and suggests that at times courts are stepping beyond their usual boundaries in determining religious issues, with particular reference to comments by the courts on issues such whether particular beliefs are �core beliefs�. The third area of discussion is the question of whether discrimination by religious individuals on grounds of sexual orientation should be tolerated. The case law (Ladele v Islington Borough Council) is considered in detail. In conclusion, the article assesses whether a hierarchy is developing between different grounds of discrimination

Freedom of speech and employment

Table of Cases Table of Statutes 1. Introduction: Freedom of Speech and Work 2. The Scope of the Right to Free Speech at Work 3. Freedom of Expression And Human Rights: The European Convention on Human Rights 4. Freedom of Speech and the Contract of Employment: The Concept of the Public Interest 5. Freedom of speech and dismissal 6. Freedom of speech and public sector employment: The Civil Service, Local Government and the NHS 7. Conclusions A Right to Freedom of Speech at Work? Bibliography Index

Religion and Belief Discrimination and the Employment of Teachers in Faith Schools

This article considers the extent to which the right to freedom of religion of teachers is adequately protected in English schools under the Employment Equality (Religion and Belief) Regulations 2003 and the Schools Standards and Framework Act 1998. It first considers the context in which religious schools operate, then considers the legislation that protects the religious freedom of teaching and non-teaching staff in state schools. It concludes that the legislative framework provides inadequate protection for the right of teachers to enjoy freedom of religion and belief, and, further, that the protection may not comply with EU standards protecting employees against religious discrimination.

Indirect Discrimination and Individual Belief: Eweida v British Airways plc

The decision in Eweida v British Airways that there was no discrimination where a Christian member of check-in staff was not allowed to wear her cross visibly at work has received much publicity, despite the fact that BA changed its policy before the case even reached the tribunal. The case raises many questions about the equal treatment of religions and the question of whether religious practices must be mandatory before they are protected, issues which have been discussed elsewhere in this Journal. The focus of this article, however, is the implications of the decision for the application of indirect discrimination to those who hold minority religious views.

Meeting the Challenges of Active Ageing in the Workplace: Is the Abolition of Retirement the Answer?

This article considers how policy makers across Europe can meet the challenges of extending working lives, is a key element of the ‘Active Ageing’ agenda, whilst at the same time striking a balance between the interests of older workers, those of younger generations to access jobs and career opportunities, and the interests of employers in workforce planning. It examines the experience of the UK which removed mandatory retirement in October 2011 and argues that, viewed from a Marxist perspective, the developments in the UK have failed to strike the correct balance between the different interests at stake, and has instead taken a neo-liberal approach to the regulation of retirement. It then moves to consider retirement from an equalities perspective and suggests that retaining some form of regulation of the end of working lives can still meet the demands of equality. The final section discusses some proposals for reform.

Comparative Discrimination Law

This comparative review of age as a protected ground in discrimination law explores the underpinning questions and themes related to two main dimensions of age discrimination. The first dimension is structural, economic and labour market driven, whereby age is used to allocate a range of rights, obligations and benefits within society. The second is the social justice and equality dimension, in which age is understood as an aspect of individual identity that is worthy of protection against indignity or detriment. The review then considers the law on age discrimination in a number of jurisdictions, the EU law, the UK, Sweden, USA, Canada and South Africa, and assesses the extent to which the underpinning questions explain the developing case law.

Achbita and Bougnaoui: One step forward and two steps back for religious diversity in the workplace

This paper argues that while the CJEU cases of Achbita and Bougnaoui create some consistency with the case law of the ECHR on freedom of religion or belief in employment, they nonetheless represent a missed opportunity to develop the EU law on religious discrimination in a way that serves both the equality aims of the underpinning Directive, and the cause of European integration more generally. The paper explores the contextual background to the cases, and examines the theoretical debates surrounding religion claims at work. It argues that, by following an approach largely based on human rights thinking from the ECtHR, the CJEU has taken the wrong direction in its first cases, and that it should instead have framed the protection in terms of its own firm commitment to equality. In addition, the paper argues that the CJEU missed the chance to set the case law within the policy of European integration that is served by the EU equality agenda more generally.

Freedom of Religion or Belief and Employment Law

This article explores the extent to which the jurisprudence of the European Convention on Human Rights has promoted the protection of freedom of religion or belief in the context of the workplace since the decision in Kokkinakis v. Greece. As a preliminary question, it explores whether and why freedom of religion or belief extends to the employment relationship. It then considers two main areas where freedom of religion or belief interacts with employment: the rights of religious workers to manifest religion or belief at work, and the rights of religious organisations to impose religious requirements on their staff.

The Challenges of Active Ageing in the UK: A Case Study of the Approach to Retirement in the UK

In 2011, age discrimination legislation in the UK was repealed. As a result, it became unlawful for employers to have a contractual retirement age, unless this can be objectively justified in order to achieve a legitimate aim. This chapter will review the extent to which these legislative changes are helping to meet the challenges of active ageing. It will also consider the ways in which other aspects of the law are protecting older workers and supporting the extension of working lives. It begins by identifying five main challenges faced by policy makers in the UK when addressing the active ageing agenda, which aims to encourage and support the extension of working lives. It traces the evolution of age discrimination legislation in the UK, from a voluntary code, through the use of the right to request and the default retirement age, to the removal of retirement ages altogether in 2011. It then turns to assess when employers may be able to justify mandatory retirement under current UK legislation, in the light of the jurisprudence developed by the Court of Justice of the European Union (CJEU). It also considers the use of settlement agreements and performance management by employers to terminate older workers’ contracts of employment. Finally, it discusses how we might meet the needs of older workers who wish to extend their working lives.

Holding the chancellor to account: political speech and medical staff

This paper develops and updates an earlier paper in this journal on freedom of speech for National Health Service (NHS) staff (Vickers, 1999). It focuses on the importance of political speech for those who work in the NHS, in the light of the major increase in spending on the NHS announced by the Chancellor of the Exchequer in the 2002 budget. It argues that the speech of those who work in the NHS is of great political importance and assesses the extent to which this would be recognized in legal action that might be taken against staff who engage in political debate. In particular, the implications of the changes to the professional duty of confidence owed by nursing staff in the new Nursing and Midwifery Council Code of Conduct, introduced in June 2002, is considered. Relevant new case law under the European Convention on Human Rights (ECHR) is also considered.