Article 9 ECHR & promotion of religious views by employees: Kuteh – Law & Religion UK

‘ In Kuteh v Dartford and Gravesham NHS Trust [2019] EWCA Civ 818, the Claimant was a nursing sister employed by the Trust. She was a “committed Christian”; and in March and April 2016, staff in her department told her superiors that patients had been complaining that when they were being assessed by Mrs Kuteh she had been raising matters of religion and faith with them. One patient complained that she had been asked “what she thought Easter was about”, another that he had been asked what he thought being a Christian meant and a third, about to undergo major surgery for bowel cancer, that she had told him that if he prayed to God he would have a better chance of survival. In the end, she was dismissed: she lost her claim in the Employment Tribunal and, in an unreported judgment, the Employment Appeal Tribunal held that the grounds for an appeal to it were unarguable and dismissed her appeal from the ET’s decision[1]. [For the detailed background, see Mrs S Kuteh v Dartford and Gravesham NHS Trust (England and Wales: Unfair Dismissal) [2017] UKET 2302764/2016.]’

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Law & Religion UK, 14th May 2019

Source: www.lawandreligionuk.com

Court of Appeal agrees to hear case on housing allocation policy and religion – Local Government Lawyer

‘The Court of Appeal has granted permission to appeal a Divisional Court ruling that a housing association letting homes on the basis of religion was lawful.’

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Local Government Lawyer, 29th April 2019

Source: www.localgovernmentlawyer.co.uk

Solicitor’s discrimination claim to continue despite Twitter campaign – Legal Futures

‘US firm Paul Weiss Rifkind Wharton & Garrison has failed to strike out an employment tribunal claim brought by a former corporate lawyer in its London office, after a tribunal found her not responsible for a friend’s Twitter campaign against it.’

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Legal Futures, 11th April 2019

Source: www.legalfutures.co.uk

Working on the Sabbath: City of Oxford Bus Services Ltd v Harvey – Law & Religion UK

‘In The City of Oxford Bus Services Ltd (t/a Oxford Bus Company) v Harvey [2018] UKEAT 0171 18 2112, the Company employed Mr Harvey, a Seventh Day Adventist, as a bus driver. Drivers were required to work on five out of seven days each week, including on Fridays and Saturdays but Mr Harvey, as an Adventist, was obliged to respect the Sabbath by not working between sunset on a Friday and sunset on a Saturday.’

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Law & Religion UK, 18th March 2019

Source: www.lawandreligionuk.com

Hallett tells senior lawyers to step up on discrimination – Legal Futures

‘Top women judges have called on senior lawyers to take responsibility for ensuring there is no discrimination in their organisations rather than leaving it to diversity specialists.’

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Legal Futures, 11th March 2019

Source: www.legalfutures.co.uk

Equality watchdog to decide if Labour broke law over antisemitism – The Guardian

‘Britain’s equality watchdog is close to deciding if it will launch an inquiry into whether the Labour party’s handling of antisemitism cases complies with equalities law.’

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The Guardian, 6th March 2019

Source: www.theguardian.com

Antisemitic incidents in UK at record high for third year in a row – The Guardian

Posted February 7th, 2019 in Judaism, news, religious discrimination, statistics by sally

‘Jewish community leaders and politicians have condemned a third successive year with a record number of antisemitic incidents.’

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The Guardian, 7th February 2019

Source: www.theguardian.com

Judges reject bias claim against Jewish housing association – The Guardian

Posted February 6th, 2019 in bias, equality, housing, Judaism, news, religious discrimination by tracey

‘A row about allocation of scarce housing could be heading for the court of appeal after judges rejected a claim that a housing association broke equality laws with its policy of providing homes only to Orthodox Jews.’

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The Guardian, 6th February 2019

Source: www.theguardian.com

Summary: What offences may be committed if someone is shouted at or approached by another person in the street? – Crown Prosecution Service

‘This summary does not cover every eventuality but intends to outline some of the possible criminal offences that may be committed. It should not be treated as legal advice and is not meant to be an exhaustive account of this area of law.

The police are responsible for investigating an allegation that a crime has been committed. Following investigation, the decision whether to charge a person with a criminal offence lies either with the police or the CPS.

Where a series of existing offences – including harassment and public order offences – are committed, and such an offence was motivated by hostility to race or religion, or was accompanied by hostility to race or religion proximate to the commission of the offence, a separate racially or religious aggravated offence is committed attracting a greater penalty. For further details, see the CPS-published guidance on this website. For those offences not covered but where hostility or hostile motivation towards race or religion is present, or hostility or hostile motivation towards disability, sexual orientation or transgender is present, this must be treated as an aggravating factor at sentence and stated as such in open court.’

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Crown Prosecution Service, 11th January 2018

Source: www.cps.gov.uk

Offenders with Muslim names are not jailed for longer, study finds – The Guardian

Posted December 18th, 2018 in Islam, news, religious discrimination, sentencing, statistics by sally

‘Offenders who have Muslim names do not appear to be receiving unfairly long sentences from crown courts in England and Wales, according to criminology research.’

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The Guardian, 18th December 2018

Source: www.theguardian.com

Muslim takes local council to High Court because their burial rules ‘breach his human rights’ – Daily Telegraph

‘A Muslim man has taken his local council to the High Court after complaining that their burial rules are infringing on his human rights.’

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Daily Telegraph, 4th December 2018

Source: www.telegraph.co.uk

Sacked vegan claims discrimination in landmark case – BBC News

‘A tribunal is to be asked to decide whether veganism is a “philosophical belief” akin to a religion, in a landmark legal action.’

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BBC News, 3rd December 2018

Source: www.bbc.co.uk

Case Comment: Lee v Ashers Baking Company Ltd & Ors [2018] UKSC 49 – UKSC Blog

‘It must be a rare moment in legal history, when cakes are at the centre of Supreme Court Knights_S_146668decisions in the same year on both sides of the pond.’

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UKSC Blog, 12th November 2018

Source: ukscblog.com

Acas on religion or belief discrimination at work – Law & Religion UK

Posted May 23rd, 2018 in codes of practice, employment, equality, news, religious discrimination by tracey

‘Acas has published new guidance on religion and belief in the workplace, offering advice on how to comply with the provisions of the Equalities Act 2010 that protect employees against discrimination based on religion and belief.’

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Law & Religion UK, 23rd May 2018

Source: www.lawandreligionuk.com

ECHR Articles 9 and 14 – Local Government Law

‘In R (Adath Yisroel Burial Society) v Senior Coroner for Inner North London (2018) EWHC 969 (Admin) a Divisional Court (Singh LJ and Whipple J) observed (paragraph 94) that in Eweida v UK the ECtHR emphasized the importance of the rights set out in Article 9, and stated that there are several things of importance to note about the terms of Article 9.’

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Local Government Law, 1st May 2018

Source: local-government-law.11kbw.com

Coroner defeated over controversial ‘cab-rank’ burial policy – UK Human Rights Blog

‘The Divisional Court has ruled that the Senior Coroner for Inner North London acted unlawfully in adopting a policy that resulted in Jewish and Muslim families facing delays in the burials of family members, contrary to their religious beliefs. The policy was held to amount to an unlawful fetter upon her discretion, and also to be irrational, to breach Articles 9 and 14 of the ECHR and to amount to indirect discrimination contrary to the Equality Act 2010 (“EQA”).’

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UK Human Rights Blog, 1st May 2018

Source: ukhumanrightsblog.com

Law Pod UK Ep. 20: Assessing discrimination in faith-based state schools – 1 COR

Posted January 4th, 2018 in education, news, religious discrimination, sex discrimination by sally

‘Following Ofsted winning a judgment against an Islamic co-education state school, Rosalind English talks to Rajkiran Barhey about measuring unlawful discrimination in cases where two groups of students are treated equally, but separately, by their school.’

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Law Pod UK, 21st December 2017

Source: audioboom.com

Why Does the UK Allow Schools to Discriminate Due To Religion? – Rights Info

Posted December 18th, 2017 in education, news, religious discrimination, school admissions by sally

‘Around the world, there are very few countries which allow schools to pick pupils on the basis of their faith. The UK is one of them.’

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Rights Info, 18th December 2017

Source: rightsinfo.org

Essop & Naeem in the Supreme Court: giving answers and provoking new questions in indirect discrimination – Cloisters

‘This summer’s Supreme Court decision in Essop reinstated the established postition in indirect discrimination cases – that there is no requirement for a claimant to establish the reason for disadvantage arising from the provision, criterion or practice in question.’

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Cloisters, 6th December 2017

Source: www.cloisters.com

Jewish teacher wins tribunal after she was sacked for living with her boyfriend – Daily Telegraph

‘A Jewish teacher has won a tribunal after she was sacked for living with her boyfriend outside of wedlock.’

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Daily Telegraph, 4th December 2017

Source: www.telegraph.co.uk