The workplace is a key forum in which the issue of religion and its position in the public sphere is under debate. Desires to observe and express religious beliefs in the workplace can introduce conflict between employees and employers. This book addresses the role the law plays in the resolution of these potential conflicts.
The book considers the definition and underlying motives of religious expression, and explores the different ways it may impact the workplace. Andrew Hambler identifies principled responses to workplace religious expression within a liberal state and compares this to the law applying in England and Wales and its interpretation by courts and tribunals. The book determines the extent to which freedom of religious expression for the individual enjoys legal protection in the workplace in England and Wales, and asks whether there is a case for changing the law to strengthen that protection.
The book will be of great use and interest to scholars and students of religion and the law, employment law, and religion and human rights.
"This is an important, incisive and detailed account of the difficulties that religious minorities have in securing their Article 9 rights with respect to employment in the courts."
Professor Anthony Bradney AcSS, FRSA
"This book makes a significant contribution to the current debate on the position of the religious employee in the secular workplace. Its focus on the 'internal viewpoint' of the religious employee is innovative. It will be a valuable resource for those interested in the legal protection of religious expression at work."
Professor Lucy Vickers, Oxford Brookes University
"His study … exposes, with painstaking attention to detail, the arguments for and against law reform in this field. Whilst proposing practical solutions, the study is also rooted in a solid theoretical framework. It offers a major contribution to our understanding of the role of deep-seated motives behind religious expression, in so many of its forms, and does so within the context of a range of theoretical positions."
Professor Norman Doe, Director for the Centre for Law and Religion, Cardiff, and Series Editor of the 'Law and Religion' series at Routledge.
1. Introduction 2. Conceptualising ‘Religious Expression’ in the Workplace 3. Restricting or Guaranteeing Religious Freedom in the Workplace: Legal Models 4. The Effect of the European Convention on Human Rights and its Application 5. The Legislative and Policy Landscape in England and Wales 6. Negative Manifestation 7. Passive Manifestation 8. Active Manifestation 9. Conclusion
The practice of religion by individuals and groups, the rise of religious diversity, and the fear of religious extremism, raise profound questions for the interaction between law and religion in society. The regulatory systems involved, the religion laws of secular government (national and international) and the religious laws of faith communities, are valuable tools for our understanding of the dynamics of mutual accommodation and the analysis and resolution of issues in such areas as: religious freedom; discrimination; the autonomy of religious organisations; doctrine, worship and religious symbols; the property and finances of religion; religion, education and public institutions; and religion, marriage and children. In this series, scholars at the forefront of law and religion contribute to the debates in this area. The books in the series are analytical with a key target audience of scholars and practitioners, including lawyers, religious leaders, and others with an interest in this rapidly developing discipline.
Professor Norman Doe is Director of the Centre for Law and Religion, which he set up at Cardiff Law School in 1998.
Carmen Asiaín is a Law Professor at University of Montevideo (Uruguay).
Paul Babie is Professor and Associate Dean (International), Adelaide Law School.
Pieter Coertzen is the chairperson of the Unit for the Study of Law and Religion in the Beyers Naudé Center for Public Theology, Faculty of Theology, University of Stellenbosch.
Alison Mawhinney is a Reader in Law at Bangor University.
Michael John Perry is a Senior Fellow at Emory University’s Center for the Study of Law and Religion and has held a Robert W. Woodruff University Chair there since 2003.