The European Court of Human Rights has decided that employees can display their religious beliefs at work, such as through the wearing of a cross, provided their actions do not interfere with the rights of others or jeopardise health and safety.

The Court gave its decision on four joined claims brought by British Christians.  The claimants complained that UK legislation had provided insufficient protection for their religious rights after they suffered religious discrimination at work.

• Both Nadia Eweida and Shirley Chaplin had been disciplined by their employers for wearing a cross while at work.
• Lillian Ladele was a registrar at a local council who had been disciplined by her employer for refusing to officiate at same-sex civil partnership ceremonies.
• Gary McFarlane had been disciplined for refusing to provide psycho-sexual counselling to same-sex couples.

The four applicants all claimed their employers had infringed their right to freedom of religion under Article 9 of the European Convention on Human Rights.

Only Ms Eweida was successful in her case.  The Court decided that her rights had been infringed because a fair balance had not been struck between her desire to show her religious belief through the wearing of a cross and the employer’s wish to project its corporate image.

But Ms Chaplin, Ms Ladele and Mr McFarlane were unsuccessful in their claims.

Ms Chaplin was a nurse who had breached the Department of Health’s policy that forbade the wearing of necklaces for safety reasons.  The Court decided that hospital managers were better placed to make decisions on safety than a court, therefore the employer’s intervention had been necessary.

For both Ms Ladele and Mr McFarlane, the Court recognised that a balance had to be struck between accommodating their religious beliefs and their employers’ legitimate aim of promoting equal opportunities.  The Court decided that the disciplinary action that had been taken against them was justified in pursuit of the employers’ objectives.

Photograph: © Council of Europe Credits