Status: The Court of Appeal’s Decision in Halawi v World Duty Free [2014] EWCA CIV 1387 – Littleton Chambers

Posted November 17th, 2014 in appeals, EC law, employment, news, religious discrimination, substitution by sally

‘Fashions are a feature of so much in life, and employment law is no exception, where for the moment at least: Status is in vogue. In recent years the appellate courts have considered a range of relationships, and been asked to answer the question: what is the legal characterisation of the claimant’s relationship with the respondent? The question is put more specifically in each case; was the claimant an employee, a worker, an office holder, or truly self-employed as an independent provider of services? But this is merely to particularise the general question: what is the claimant’s status?’

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Littleton Chambers, 31st October 2014

Source: www.littletonchambers.com

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Quarter of Charity Commission inquiries target Muslim groups – The Guardian

‘More than a quarter of the statutory investigations that have been launched by the Charity Commission since April 2012 and remain open have targeted Muslim organisations, an analysis by the Guardian can reveal – drawing criticism from Islamic groups that they are being unfairly singled out.’

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The Guardian, 16th November 2014

Source: www.guardian.co.uk

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Discrimination at work goes unpunished as women can’t afford to sue – The Independent

‘Women are being priced out of justice in the workplace, according to figures which show the number of sex discrimination claims brought by women against employers have fallen 80 per cent since court charges were introduced.’

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The Independent, 29th July 2014

Source: www.independent.co.uk

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Religion, the Rule of Law and Discrimination – Gresham College

‘This address will explore the development of the law’s approach at the intersection between, on the one hand, the manifestation of religious beliefs and, on the other, the protection and promotion of secular values.
It charts the shift from the historic protection of Christian orthodoxy, through the development of anti-discrimination legislation, to the recent domestic and European legislation and case law which have provided a coherent framework for the balancing of these rights consistent with the values of the Rule of Law.’

Transcript

Gresham College, 26th June 2014

Source: www.gresham.ac.uk

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Religion, The Rule of Law and Discrimination – Speech by Sir Terence Etherton

‘Speech by Sir Terence Etherton: Religion, The Rule of Law and Discrimination – 2014 Gray’s Inn Reading at Barnard’s Inn.’

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Judiciary of England & Wales, 26th June 2014

Source: www.judiciary.gov.uk

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Regina (Baradaran and another) v Secretary of State for the Home Department (Sikh Council Hampshire intervening); [2014] EWCA Civ 854; [2014] WLR (D) 281 – WLR Daily

Posted June 27th, 2014 in asylum, EC law, human rights, Islam, law reports, religious discrimination by tracey

Regina (Baradaran and another) v Secretary of State for the Home Department (Sikh Council Hampshire intervening): [2014] EWCA Civ 854; [2014] WLR (D) 281

‘The removal of a female Muslim claimant of school age to France, where she had first claimed asylum and which had accepted responsibility for that claim, did not breach her Convention rights to a private and family life and freedom of religion by reason of a French law prohibiting the wearing of religious symbols and clothing in state schools.’

WLR Daily, 24th June 2014

Source: www.iclr.co.uk

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Supreme Court to rule on status of Sikh ‘saint’ – The Independent

‘Britain’s finest legal minds have been asked to make sense of some of life’s thorniest problems, but few compare to that posed by the followers of Sant Baba Jeet Singh Ji Maharaj – specifically whether he is a Sikh saint, the Third Holy Saint in fact.’

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The Independent, 8th June 2014

Source: www.independent.co.uk

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Christian nursery worker claims unfair dismissal over dispute with gay colleague – The Guardian

‘A Christian nursery nurse is claiming unfair dismissal after losing her job because she said she told a gay colleague the Bible regards the practice of homosexuality as a sin.’

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The Guardian, 20th April 2014

Source: www.guardian.co.uk

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‘You can’t wear that here’ – OUP Blog

‘When a religious believer wears a religious symbol to work can their employer object? The question brings corporate dress codes and expressions of religious belief into sharp conflict. The employee can marshal discrimination and human rights law on the one side, whereas the employer may argue that conspicuous religion makes for bad business.’

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OUP Blog, 26th March 2014

Source: www.blog.oup.com

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Christians deserve more respect, says top judge – The Independent

Posted March 21st, 2014 in Christianity, human rights, news, religious discrimination by sally

‘One of Britain’s top judges has said it is not difficult to see why British Christians “feel their religious beliefs are not being sufficiently respected” in a speech about the clash between the rights of believers and sexual equality.’

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The Independent, 21st March 2014

Source: www.independent.co.uk

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Mormon Tax, Posthumous Procreation and Stephen Lawrence Spying – the Human Rights Roundup – UK Human Rights Blog

‘In the human rights news this week, Theresa May calls for a public inquiry into undercover police officers after the publication of the independent review into spying on the family of Stephen Lawrence. Elsewhere, Mormons take on the taxman, the High Court considers how to interpret the law on storing embryos and gametes after death and a House of Lords Committee publishes a major report into the operation of the Mental Capacity Act.’

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UK Human Rights Blog, 16th March 2014

Source: www.ukhumanrightsblog.com

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Strasbourg on Mormons and their temples – UK Human Rights Blog

Posted March 7th, 2014 in human rights, news, rates, religious discrimination, taxation by tracey

‘The Church of Jesus Christ of Latter-Day Saints v. the United Kingdom, ECHR, 4 March 2014. An apparently dry dispute about business rates on one of the Mormons’ temples in Preston  has reached Strasbourg and raises interesting issues about indirect discrimination on religious grounds. The underlying question was whether the temple was a place of “public religious worship” and therefore exempt from rates.’

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UK Human Rights Blog, 5th March 2014

Source: www.ukhumanrightsblog.com

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Couple get married in Britain’s first Scientology wedding – The Independent

Posted February 24th, 2014 in charities, equality, marriage, news, registrars, religious discrimination by sally

‘Scientologists Louisa Hodkin and Alessandro Calcioli won a landmark legal battle to have the Church of Scientology recognised as a “place of meeting for religious worship”.’

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The Independent, 23rd February 2014

Source: www.independent.co.uk

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Comic behind West Brom striker Nicolas Anelka’s ‘quenelle’ gesture banned from UK – Daily Telegraph

‘The comedian who is said to have invented the quenelle gesture, which is seen by many as anti-semitic, has been banned from entering the country as Nicolas Anelka could be given a five match ban.’

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Daily Telegraph, 3rd February 2014

Source: www.telegraph.co.uk

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Judge warns jury of wrongful prejudice over defendant’s Muslim face veil – The Guardian

‘A judge warned a jury on Wednesday that it was wrong to be prejudiced against anyone because of their expression of religious faith, as a Muslim defendant prepared to go on trial wearing a full face veil.’

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The Guardian, 22nd January 2014

Source: www.guardian.co.uk

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Scientology, University Unrest and Right to Die – the Human Rights Roundup – UK Human Rights Blog

‘This week, the Church of Scientology registered a win of sorts in the Supreme Court, while London’s biggest university said no to occupational student protests just as others were contemplating the possibility of gender-segregated talks  Meanwhile, the Home Secretary puts forward her answer to modern day slavery, while the Joint Committee on Human Rights puts pressure on Chris Grayling regarding the proposed legal aid reforms.’

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UK Human Rights Blog, 16th December 2013

Source: www.ukhumanrightsblog.com

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Sunday is not a day of rest: Christian discrimination appeal dismissed – Halsbury’s Law Exchange

‘The Employment Tribunal, the Employment Appeal Tribunal and now the Court of Appeal have all agreed that an employer was justified in requiring a Christian to work on Sundays in Mba v London Borough of Merton.’

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Halsbury’s Law Exchange, 17th December 2013

Source: www.halsburyslawexchange.co.uk

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Gay discrimination and Christian belief: Analysis of Bull v. Hall in the Supreme Court – UK Human Rights Blog

‘The recent confirmation by the Supreme Court that it was unlawful discrimination for Christian hotel owners to refuse a double-bedded room to a same-sex couple was of considerable interest as the latest in a string of high-profile cases involving religious belief and discrimination on the basis of sexual orientation (and the first such judgment involving the highest court in the land). We have already provided a summary of the facts and judgment here, and our post on the Court of Appeal ruling can be found here.’

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UK Human Rights Blog, 11th December 2013

Source: www.ukhumanrightsblog.com

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Tribunal wrong on Sunday working decision, but forcing care assistant to work was proportionate, court rules – OUT-LAW.com

‘An employment tribunal was wrong to conclude that refusing to work on a Sunday for religious reasons should not be protected under discrimination law, the Court of Appeal has ruled.’

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OUT-LAW.com, 10th December 2013

Source: www.out-law.com

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Mba v Merton London Borough Council – WLR Daily

Mba v Merton London Borough Council [2013] EWCA Civ 1562; [2013] WLR (D) 474

‘A provision put in place by a council care home requiring a worker who was a Christian whose genuine belief that Sunday was a day of worship and rest to work on Sundays as rostered discriminated against the worker but was a proportionate means of achieving the legitimate aim of running the care home effectively.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

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