Law and religion round-up – 24th December

And before you settle down to turkey, mince pies, crackers and possibly Mrs Brown’s Strictly Come Bake-off Yuletide Special, a bit of law… 

Undue spiritual influence again

Lutfur Rahman, a non-practising solicitor who had formerly been a partner at McCormacks Law, is the former Mayor of Tower Hamlets who In 2015 was found guilty by an election court of illegal and corrupt practices and barred from holding office for five years. We reported the case here because one of the issues in Erlam & Ors v Rahman & Anor [2015] EWHC (QB) 1215 was “undue spiritual influence”. Continue reading

Law and religion round-up – 12th November

 This week we were reminded that a “fulsome” apology meant a “sickeningly obsequious” one: aside from which there were a number of disparate issues that added up to a lengthy round-up…

Uber loses its appeal

Taxi firm Uber has lost its appeal against a ruling that its drivers should be treated as workers rather than self-employed. Last year, an Employment Tribunal ruled that Uber drivers James Farrar and Yaseen Aslam were employed by Uber and therefore entitled to holiday pay, paid rest breaks and the National Living Wage. Uber appealed, arguing that its drivers were self-employed and were under no obligation to use its booking app. In the Employment Appeal Tribunal, HHJ Eady was satisfied that the ET had not erred either in its approach or in its conclusions when it rejected Uber’s argument that it was simply connecting independent drivers with customers, Unsurprisingly, Uber has announced that it will appeal against the latest ruling.

Which has more to do with “religion” than you might think.  Continue reading

Law and religion round-up – 5th November

A week in which the Westminster sexual exploitation scandal continued to claim scalps, there was an important report on House of Lords reform – and Brexit rumbled on…

Victimisation and public interest disclosure in school

In Miss S Bi v E-ACT (England and Wales: Public Interest Disclosure: Race Discrimination: Religion or Belief Discrimination) [2017] UKET 1304471/2015, the ET upheld the claim of Ms Suriyah Bi, a Muslim teaching assistant, that her dismissal  constituted victimisation under ss.27 and 39 Equality Act 2010 Continue reading

Law and religion round-up – 8th October

A typical eclectic mix of news from the world of law and religion…

Organ donation – presumed consent

One aspect of the Prime Minister’s speech to the Conservative Party Conference on Wednesday that received relatively little media attention was her announcement of plans to move to a system of presumed consent for organ donation under which everyone would be presumed to agree to the removal and reuse of body parts after their death unless they opted out, rather than the present situation in which it is necessary to opt in to organ donation. However, the issue is not straightforward and the approach of different faith groups to organ donation complicates the matter. Continue reading

Law and religion round-up – 27th August

“The (Great) Clock hath ceased to sound, The long day closes”

Henry Fothergill Chorley & Arthur Sullivan, (1868)

… but midday on 21st August had nothing to do with Brexit – or ecclesiastical law for that matter – unless it provides a segue into a reprise of one of our posts on bells, the closure of the Whitechapel bell foundry, or recent events at York Minster; Sullivan’s part-song The Long Day Closes had a degree of popularity at events of mourning, and was often sung at funerals of members of the D’Oyly Carte Opera Company. However, Frank’s And finally, below, places Monday’s media and political nonsense into context.

Brexit and the UK courts

On Wednesday, the Government published its position paper on post-Brexit relations between the UK and the Court of Justice of the European Union: we noted it briefly here.  The pledge to bring an end to “the direct jurisdiction of the Court” led critics to argue that the inclusion of the word “direct” leaves room for the CJEU to continue to influence UK jurisprudence. Tobias Lock has posted a helpful preliminary analysis on Verfassungsblog. Continue reading