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The Changing Shape of Religious Discrimination Law in the UK

By John D. Shyer, Catherine Drinnan and Gretchen Lennon

Multinational companies with operations in the United Kingdom should take note that the law pertaining to protection against religious discrimination in the workplace is evolving. Until very recently, employers in the UK faced little risk from claims of religious discrimination, especially as compared with the legal environment in the United States, where employees' rights to engage in many forms of religious expression have been protected for decades. As a result of a recent decision, employers in the UK need to take a fresh look at their practices.

The European Court of Human Rights (the European Court) has handed down an important decision concerning discrimination on the grounds of religion in the workplace in the case of Eweida and Others v United Kingdom. In this decision, the European Court sought to clarify the extent to which employees may manifest their religious beliefs in the workplace, even when their actions violate their employer's established personnel policies. The decision explores factors offered by employers as objective justification for potentially discriminatory policies and balances those against employees' rights to freely manifest their religion.

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