ECtHR refuses workplace discrimination appeal by UK employees

Last week, the European Court of Human Rights (ECtHR) denied a request by three citizens of the United Kingdom for their ruling to be referred for reconsideration to the Grand Chamber. In January 2013, the Court decided that the UK had not violated the rights of the individuals. A panel of five judges decides if the Grand Chamber will accept a referral.

The applicants, three practicing Christians, argued that UK law violated their Convention rights under Article 9 (freedom of religion) and Article 14 (prohibition of discrimination). The first applicant, Ms Chaplin, is a nurse and claimed her rights had been violated when her employer prohibited her from wearing a small cross visibly at work. Mr McFarlane and Ms Ladele, the second and third applicants are a relationship advisor and a civil registrar. They claimed that they were unfairly dismissed when they refused to provided their services to same-sex couples. A fourth applicant was successful in January when the Court found that the UK had violated her Convention rights. In that case the Court found that the applicant's right to wear a visible cross showing her religious beliefs outweighed the employer’s aim of maintaining a corporate image. Click here to read a previous Bulletin article on the original judgment.  

Click here to read the recent judgment.

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