Fact Service May 2013

Issue 21

Court rejects religious discrimination claims

The three unsuccessful applicants in the case of Eweida and others v United Kingdom will not have their cases considered further by its Grand Chamber, the European Court of Human Rights (ECHR) has confirmed.

In January, the ECHR upheld Eweida’s claim that her right to freedom of thought, conscience and religion under the European Convention on Human Rights had been breached. This was after UK courts found that she was not discriminated against by British Airways’ uniform policy, which prevented her from wearing visible items of jewellery at work. This policy meant she could not wear a cross while working.

However, the ECHR went on to reject the three other religious discrimination claims brought by Shirley Chaplin, Lillian Ladele and Gary McFarlane (see issue 2, page 7 of Fact Service).

The ECHR rejected the attempts of the unsuccessful trio to have their cases considered by the ECHR’s Grand Chamber. The Grand Chamber allows exceptional cases to be considered further by the ECHR where they raise a serious question affecting the interpretation or application of the Convention or its protocols, or a serious issue of general importance.

www.personneltoday.com/articles/29/05/2013/59461/echr-announces-final-rejection-of-christians-religious-discrimination-claims.htm