To Equality and Beyond: Religious Discrimination and the Equality Act 2006

Ecclesiastical Law Journal

Volumn 8, Issue 39, 2006, Pages 470-474

  Sandberg, Russell ^a  

^a CARDIFF UNIVERSITY   (United Kingdom)

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Indexed keywords

EID: 85012455714     PISSN: 0956618X     EISSN: 17518539     Source Type: Journal    
DOI: 10.1017/S0956618X00006761     Document Type: Article

References (34)

1. These often include sections that apply specifically to religious organisations: see eg the Sex Discrimination Act 1975, s 19.
2. Employment Equality (Religion or Belief) Regulations 2003, SI 2003/1660
3. Employment Equality (Sexual Orientation) Regulations 2003, SI 2003/1661
4. Employment Equality (Sex Discrimination) Regulations 2005, SI 2005/2467.
5. However, this only extends to ‘the rights and freedoms set forth in [the] Convention’. Protocol 12, Art 1 includes a freestanding discrimination provision but this has not been ratified by the United Kingdom: see R Ahdar and I Leigh, Religious Freedom in the Liberal State (Oxford University Press, 2005) p 109.
6. Seide v Gillette Industries Ltd [1980] IRLR 427, EAT
7. Mandla v Dowell Lee [1983] 2 AC 548
8. [1983] 1 All ER 1062, HL.
9. Cf Dawkins v Department of the Environment [1993] IRLR 284, CA (Rastafarians excluded from the Race Relations Act 1976).
10. See the Equality Act 2006: Explanatory Notes, available from http:///www.opsi.gov.uk/acts/expa2006.htm
11. The Equality Act 2006. s 57, provides a rare statutory definition, restricting an ‘organisation relating to religion or belief to organisations whose purpose is ’(a) to practice [sic] a religion or belief, (b) to advance a religion or belief, (c) to teach the practice or principles of a religion or belief, (d) to enable persons of a religion or belief to receive any benefit, or to engage in any activity, within the framework of that religion or belief, or (e) to improve relations, or maintain good relations, between persons of different religions or beliefs'.
12. The Equality Act, s 57.
13. The Equality Act, s 58.
14. Equality Act 2006: Explanatory Notes, p 19.
15. See, eg, McFeeley v United Kingdom (1980) 3 EHRR 16, E Com HR
16. Campbell and Cosans v United Kingdom (1982) 4 EHRR 293, E Ct HR
17. R (Williamson) v Secretary of State for Education and Employment [2005] UKHL 15
18. [2005] 2 AC 246
19. [2005]2 All ER 1,HL.
20. Equality Act 2006, s 77.
21. The following is adapted from Equality Act 2006: Explanatory Notes, p 20.
22. Equality Act 2006: Explanatory Notes, p 20.
23. Equality Act 2006, s 46(3)(b).
24. Ie as denned by Equality Act, s 48(2).
25. In England and Wales: schools maintained by the local education authority, independent schools and special schools; in Scotland, public schools, grant-aided schools and independent schools: Equality Act, s 49(3).
26. Equality Act, s 49(1)(a)-(b).
27. Equality Act, s 49(1)(c)(i)-(ii).
28. Equality Act, s 50(1), outlines the schools that are exempt from these provisions.
29. Equality Act, s 49(1)(c)(iii)-(iv).
30. Including the National Curriculum and other elements required by legislation such as religious education. This preserves the existing legislative framework, including, for example, laws governing how parents can withdraw their children from sex education and religious education: Equality Act 2006: Explanatory Notes, P 23.
31. The Secretary of State has the power inter alia to amend or repeal these exceptions: Equality Act, s 64.
32. Ie under the Education Act 1996, s 14.
33. Ie under the Education Act, s 13.
34. For evidence of the need, see J G Oliva, ‘Sociology. Law and Religion in the United Kingdom’ (2004) 152 Law and Justice 8 at 10.