(Commision) The applicant was a devout Muslim. His religious duty was to offer prayers on Fridays and to attend a mosque if possible. He was employed as a full time primary school teacher. He complained that he was forced to resign because he was refused permission to attend a mosque for the purposes of worship during hours of employment.
Held: There had been no interference with his freedom of religion under Article 9(1) of the Convention: ‘the freedom of religion, as guaranteed by Article 9, is not absolute, but subject to the limitations set out in Article 9(2). Moreover, it may, as regards the modality of a particular religious manifestation, be influenced by the situation of the person claiming that freedom. ‘it may as regards the modality of a particular religious manifestation, be influenced by the situation of the person claiming that freedom’. That had been recognised in the case of a person with special contractual obligations. The case was one of a coincidence of teaching obligations and religious duties rather than of religious manifestations in the course of the performance of professional functions, and the local education authority was entitled to rely on its contract with the applicant. ‘Throughout his employment the applicant remained free to resign if and when he found that his teaching obligations conflicted with his religious duties. It notes that, in 1975, the applicant did in fact resign from his five-day employment and that he subsequently accepted four-and-a-half day employment enabling him to comply with his duties as a Muslim on Fridays.’
Citations:
(1981) 4 EHRR 126
Statutes:
European Convention on Human Rights 9(1)
Jurisdiction:
Human Rights
Citing:
At the Industrial Tribunal – Ahmad v Inner London Education Authority EAT 1976
The appellant was a moslem junior school teacher. The Authority appealed an acceptance of his claim for unfair dismissal, having left his employment because he was not given time off to attend the mosque on Fridays. The Tribunal considered whether, . .
Appeal from – Ahmad v Inner London Education Authority CA 1977
The appellant said that his human rights were infringed when, as a moslem, he was refsued time off from his work as a primary school teacher to attend prayers at the mosque on Fridays. He had subsequentlly been re-instated part-time, but complained . .
Cited by:
Cited – SB, Regina (on the Application of) v Denbigh High School CA 2-Mar-2005
The applicant, a Muslim girl sought to be allowed to wear the gilbab to school. The school policy which had been approved by Muslim clerics prohibited this, saying the shalwar kameeze and headscarf were sufficient. The school said she was making a . .
Cited – Copsey v WWB Devon Clays Ltd CA 25-Jul-2005
The claimant said that his employer had failed to respect his right to express his beliefs by obliging him, though a Christian, to work on Sundays.
Held: The appeal failed. ‘The Commission’s position on Article 9, as I understand it, is that, . .
Cited – Begum (otherwise SB), Regina (on the Application of) v Denbigh High School HL 22-Mar-2006
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion.
Held: The school’s appeal . .
Cited – McFarlane v Relate Avon Ltd EAT 30-Nov-2009
EAT RELIGION OR BELIEF DISCRIMINATION
UNFAIR DISMISSAL – Reason for dismissal
Christian counsellor dismissed by Relate for failing to give an unequivocal commitment to counsel same-sex couples.
Lists of cited by and citing cases may be incomplete.
Human Rights, Discrimination
Updated: 06 May 2022; Ref: scu.223118