EELA Updates

Summary

2014-09-24

<strong>2015/24 Protestant hospital may ban headscarf at work (GE)</strong>

It is permissible for an employer who is part of a religious community, in this case the Protestant Church, to ask its employees to behave neutrally during working hours. This duty of neutrality can justify a prohibition on wearing Islamic headscarves.

Bundesarbeitsgericht (Federal Labour Court), 2014-09-24

Case report

2013-04-25

Germany

2014/12 Leaving the church serious cause for termination (GE)

An employee was dismissed by a religious organisation for leaving the Roman Catholic Church. The courts upheld the dismissal in three instances.

Bundesarbeitsgericht (Federal Labour Court), 2013-04-25

Summary

2013-04-25

2014/12 Leaving the church serious cause for termination (GE)

An employee was dismissed by a religious organisation for leaving the Roman Catholic Church. The courts upheld the dismissal in three instances.

Bundesarbeitsgericht (Federal Labour Court), 2013-04-25

Case report

2013-03-19

France

2013/20 The principle of secularism does not apply to the private sector (FR)

The principle of secularism - established by Article 1 of the French Constitution - does not apply to employees of private employers that do not provide a public service.

Cour de cassation (French Supreme Court), 2013-03-19

Summary

2013-03-19

2013/20 The principle of secularism does not apply to the private sector (FR)

The principle of secularism - established by Article 1 of the French Constitution - does not apply to employees of private employers that do not provide a public service.

Cour de cassation (French Supreme Court), 2013-03-19

Case report

2013-01-02

Belgium

2013/42 Policy of neutrality can justify headscarf prohibition (BE)

Belgian case law has to date accepted a policy of neutrality as justification for prohibiting religious symbols in the workplace. In the absence of clear rules on displaying religious signs at work, an employer commits unlawful direct discrimination on grounds of religion if it dismisses an employee based on her refusal to take off her headscarf.

Arbeidsrechtbank Tongeren (Employment Tribunal of Tongeren), 2013-01-02

Summary

2013-01-02

2013/42 Policy of neutrality can justify headscarf prohibition (BE)

Belgian case law has to date accepted a policy of neutrality as justification for prohibiting religious symbols in the workplace. In the absence of clear rules on displaying religious signs at work, an employer commits unlawful direct discrimination on grounds of religion if it dismisses an employee based on her refusal to take off her headscarf.

Arbeidsrechtbank Tongeren (Employment Tribunal of Tongeren), 2013-01-02

Case report

2012-12-13

United Kingdom

2013/24 A requirement for a Christian employee to work on Sundays was not discriminatory (UK)

The Employment Appeal Tribunal has decided that a requirement that a care worker work on Sundays was a provision, criterion or practice (“PCP”) that could put Christians at a particular disadvantage but that it could be objectively justified and was therefore legitimate in the circumstances of the case. This meant that the requirement for the employee to work on Sundays was not an act of unlawful indirect religious discrimination.

Employment Appeal Tribunal, 2012-12-13

Summary

2012-12-13

2013/24 A requirement for a Christian employee to work on Sundays was not discriminatory (UK)

The Employment Appeal Tribunal has decided that a requirement that a care worker work on Sundays was a provision, criterion or practice (“PCP”) that could put Christians at a particular disadvantage but that it could be objectively justified and was therefore legitimate in the circumstances of the case. This meant that the requirement for the employee to work on Sundays was not an act of unlawful indirect religious discrimination.

Employment Appeal Tribunal, 2012-12-13

Case report

2010-07-09

Denmark

2010/81: Employee compensated for religious harassment because his manager referred to his church as a “sect” (DE)

An employee was awarded approximately € 3,350 in compensation because his manager called his church a “sect”.

Horsens District Court, 2010-07-09