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Since the introduction of further anti-discrimination laws, there has been a rapid growth in the complexity of the law that employers need to consider in their management of staff.
• What do you do if an employee is complaining of or you suspect is being discriminated against on the grounds of age, religion and belief or sexual orientation?
• What if an employee wishes to display a religious symbol and it is against the company’s uniform policy? (E.g. no jewellery).
• What if an employee wants a prayer room at work or time off for religious holidays or wants to wear the veil at work?
• An employee who for religious reasons is not allowed to eat certain foods or drinks and works in an environment where he would have to handle such foods and drinks for e.g. in a supermarket.
• A religious school discriminating against a teacher of another religion by refusing to interview.
• What if a partnership enforces the compulsory retirement of a partner by a certain age?
• What happens when a practising Christian or Muslim Judge is asked to rule on a matter involving sexual orientation which conflicts with his or her own beliefs?
These sorts of issues will arise more and more in view of the more recent strands of law of age, religion & belief and sexual orientation discrimination. Employees have various rights under discrimination laws but which one takes precedence over the other? I.e. Age over religion and belief or religion and belief over sexual orientation?
What will happen next?
There is concern that, for example, where a company’s health and safety policy prohibits the wearing of certain items it may contradict an employee’s religion or belief, or where people practice a religion which does not accept homosexuality there will inevitably be conflict.
Such a conflict occurred recently when a Judge in Sheffield claimed that he was discriminated against on the grounds of his Christian beliefs after he was refused permission to opt-out of cases involving adoption by same-sex couples.
There will be conflicts between discrimination strands. And it is imperative to tread very carefully to ensure a fair workplace.
If you have any queries regarding the issues raised above or on any other aspect of employment law, please contact Fiona Button at Dunham Solicitors on 01908 311 300. |
