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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.
The role of religion in various domains of the public sphere
provokes much debate. One of the key areas where this debate is
unfolding is in the secular workplace, where some employees
strongly desire to express their religious beliefs in ways which
may bring them into conflict with their employers. For example, a
Sikh woman may wish to wear a kara bracelet contrary to an
employer's uniform policy; or a Muslim may wish to take time out of
required working hours for Friday prayers. Equally, some employees
may feel compelled to object to particular aspects of their job
role from which a crisis of conscience arises. For instance, a
Christian registrar might object to registering a same-sex marriage
or civil partnership; or a Muslim retail worker might object to
handling alcohol. This addresses these conflicts and the role of
law in resolving them. It considers what is meant by religious
expression by individual employees, and the motives underlying it,
and sets out the different ways it might have an impact on the
workplace, in both uncontroversial and potentially controversial
ways.The book identifies different principled responses to
workplace religious expression within a liberal state. It then goes
on to analyse to what extent the law in England and Wales reflects
these differing responses, both at a legislative and policy level,
and at a court and tribunal level. 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 whether
or not there is a case for changing the law to strengthen that
protection.
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