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.
Table of Contents
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
Andrew Hambler is Senior Lecturer for Human Resources and Employment Law at the Department of Human Resources and Leadership, University of Wolverhampton, UK.
"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.