Relevance of whether belief core to religion depends on Article 9 applying (News, 10 December 2013)

Article summary

When assessing the proportionality of a provision, criterion or practice which is prima facie indirectly discriminatory on grounds of religion or belief, whether a particular belief is core to a religion would at least indirectly be a legitimate factor for an employment tribunal to consider (because if it is a core belief, the effect of that policy, criterion or practice will impinge upon a greater number of potential adherents than if it is not a core belief). However if Article 9 of the European Convention on Human Rights is engaged (for example where the employer is a public body) it will not be a legitimate factor for a tribunal to consider because domestic law must be read so as to be consistent with Convention rights where possible and Article 9 does not require any test of group disadvantage and concentrates only on the religious freedom of the individual. Where Article 9 is engaged it does not...