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Crucifix workplace discrimination case results in compensation payout

06th February 2013

The ruling, which resulted in a payout of £1,600, is more notable as a workplace discrimination landmark than it is for the agreed sum.

However, the other people making similar claims, including a registrar from London, were unsuccessful in their attempts to obtain favourable rulings.

“The domestic authorities failed sufficiently to protect the first applicant’s right to manifest her religion, in breach of the positive obligation under article 9”, stated the ECHR decision.

The judges added: “The fact that the company was able to amend the uniform code to allow for the visible wearing of religious symbolic jewellery demonstrates that the earlier prohibition was not of crucial importance.”

However, in the case of a nurse who’d been asked to remove her cross at work, the judges ruled that her employers were justified because of health and safety. They “were well placed to make decisions about clinical safety”, said the court.

“I’m very pleased that after all this time the European court has specifically recognised … that I have suffered anxiety, frustration and distress”, commented the successful claimant, a British Airways worker.

Employment law solicitors will take note of some of the crucial differences inherent in the workplace discrimination cases.

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