Analyzing Employment Relationship: Religious Rights in UK Law

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Added on  2023/06/17

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This report examines the management of employment relationships in the UK, focusing on the protection of employee rights, particularly religious freedom, under laws such as the Employment Act 1996, Human Rights Act 1998, and Equality Act 2010. It addresses issues such as potential breaches of religious rights in the workplace, using the scenario of Global Organic Food (GOF) and the case of Elijah Cohen as examples. The report references Article 9 of the Human Rights Act, emphasizing the right to freedom of religion and belief, and discusses relevant case examples like Nadia Eweida's discrimination case against British Airways. It concludes that employment law is crucial for promoting equality and preventing discrimination, ensuring a safe working environment for all employees, and that GOF should avoid discriminating against employees based on their religious beliefs.
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Table of content
INTRODUCTION...............................................................................................................................3
MAIN BODY.......................................................................................................................................3
Employment Issues............................................................................................................................3
Employment Legislation....................................................................................................................3
Case examples...................................................................................................................................4
CONCLUSION....................................................................................................................................4
REFERENCES....................................................................................................................................4
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INTRODUCTION
Employment law in UK is comprised of all the rights which are being made for the
employees in order to protect them from all kind of discrimination. UK has made the
Employment act 1996 in which all the major rules and the principles are being laid so as to
protect the safety and the working of the workforce in organisation. Some of the other
important acts which manages the protection of workers from discrimination are like Human
rights act 1998, Equality Act 2010, National minimum wages act etc. all these manages
holidays, pay leaves, workers’ rights (Ajanwachuku, and Faga, 2018). This report will cover
a scenario of Global Organic Food (GOF) based in London where there has been seen
employment issues with legislation and relevant case examples.
MAIN BODY
Employment Issues
Whether there was a breach of right to religion made by Tom Harding?
Whether GOF is liable for discrimination and infringement of right against religion?
Employment Legislation
UK employment law heads out to provide guidelines and safe guarding measures to
the organisations through which they can manage the contract and can frame formal
notice for the protection of rights of the employs. It also helps in conducting the practice
of fair pay in workplace. As in the case of Elijah Cohen GOF has influenced and told
them that he is no longer liable to wear skull cap on his head and also that star of David
due to their overall safety measures of organisation. As there has been seen in Article 9 of
human rights act every individual has a right to freedom of religion and belief. As
according to article 9 there can be seen that every individual can exercise their religion in
public or in private and can exercise their functions and practice with general
observations (Latorre, 2020). No person can thereby be discriminated or being forced to
remove or any of their religious and service which is being made according to their belief.
All the employees were being working in the organisation also have the freedom to
manifest and propagate right to religion through which they can manage public safety,
public order and all the rights and freedom.
GOF In all the mean times cannot restrict any of the individual or employees for being
working under their company by prohibiting them from following their religious beliefs.
As it is important to manage equality act 2010 Where all the regulations can be imposed
and this will help out to manage equality in all the employees. Thus, According to Human
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rights act 1998 article 9 and European conventions which has let out that new employees
can be discriminated or prohibited by practising and manifesting their religious beliefs in
the working areas.
Case examples
In 2013 there has been seen in European Court of human rights as in the case of
British airways employee Nadia Eweida where she was being discriminated at her workplace
because of her faith and belief. She was banned by the company from visible wearing of any
of the cross in their organisation of workplace as that will be a breach of airlines uniform
code (Sayers, and Nesbitt, 2017). Her case was there by being rejected by the UK tribunal
and court of appeal so she went to Strasbourg where according to the European court there
came a ruling that there was a breach of article 9 and 14 of human rights act as all the
employs and the workforce has a right to freedom of thought, religion and concise and there
should not be any such kind of discrimination that can be made in the workplace. Thus, there
can be seen that GOF should not discriminate any of the employee from wearing their
religious beliefs or things that will thereby implies to make discrimination on their right to
religion.
CONCLUSION
It is concluded from the above report that employment law is an important source of
law which helps out to promote equality and avoid discrimination in all the working place
and organisation. This manages to make the employees feel safe in the working areas. Human
rights act 1998 provides right to practise religion manifested religious belief according to
article 9 as this helps out all the employees who are being working in the organisation to wear
in their working areas and can also wear their religious beliefs and sentiments. Furthermore,
it is also analysed that the employees can be restricted to wear their religious in the working
areas at this will be discrimination of their rights.
REFERENCES
Latorre, A.F.L., 2020. In defence of direct obligations for businesses under international
human rights law. Business and Human Rights Journal, 5(1), pp.56-83.
Ajanwachuku, M.A. and Faga, H.P., 2018. THE NIGERIAN CHILD'S RIGHTS ACT AND
RIGHTS OF CHILDREN WITH DISABILITIES: WHAT HOPE FOR
ENFORCEMENT?. Juridical Current, 21(1).
Sayers, G.M. and Nesbitt, T., 2017. Ageism in the NHS and the Human Rights Act 1998: An
Ethical and Legal Enquiry. In The Elderly (pp. 469-482). Routledge.
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