“English Nationalism” as a protected belief? Mr S T Uncles

Is belief in “English Nationalism” a protected characteristic under the terms of s10 Equality Act 2010? Not in the opinion of the Employment Tribunal in Mr S T Uncles v NHS Commissioning Board and others [2017] UKET 1800958/2016.

Mr Uncles brought a series of complaints arising out of the termination of his agency work with the first respondent with effect from 6 May 2016, including unfair dismissal, breach of contract in relation to notice, unlawful deductions from pay and complaints of discrimination or harassment related to race, sex and philosophical belief. The claimant described himself as English, and the philosophical belief on which he relied was a belief in English nationalism [1]. It is the last of these that concerns us here. At the time of his dismissal, he was facing a prosecution for electoral fraud which he had not disclosed to his employers [118]. Continue reading

Strasbourg upholds Belgian niqab ban: Belcacemi and Dakir

The European Court of Human Rights has ruled on two Belgian cases involving bans on wearing the niqab in public.

The background

In Belcacemi and Oussar v Belgium [2017] ECHR 655 [in French], the applicants – Ms Samia Belcacemi (a Belgian national) and Ms Yamina Oussar (a Moroccan national living in Belgium) – challenged the Belgian Law of 1 June 2011 banning the wearing in public places of clothing which partially or totally covers the face. Continue reading

Law and religion round-up – 5th March

Brexit rumbles on, but perhaps the most important event of the week was the outcome of the Northern Ireland Assembly Election – on which we would not presume to comment…

Son (or more accurately daughter) of Miller?

Gina Miller, who mounted the successful challenge in the Supreme Court to the Prime Minister’s proposal to trigger Article 50 TEU by using the Royal Prerogative, has said that she is looking at launching a new challenge if Parliament is not given a vote on the final terms of Brexit. Speaking to Bloomberg, Ms Miller explained: Continue reading