Employment Discrimination Assignment Example | Topics and Well Written Essays - 2750 words

Employment Discrimination - Assignment Example These articles present different provisions and protections to employees regarding discrimination in working places. Article nine states two major provisions as highlighted below: †¢ â€Å"Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance† (Council of Europe, 2013). †¢ â€Å"Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others† (Council of Europe, 2013). Article 14 on the other hand also provides different aspects seeking to provide protection to individuals who might suffer from personal discrimination, either directly or indirectly within the working environment. This article, however, works in accordance to the provisions of article 9. The provision of this article states as follows. †¢ â€Å"The enjoyment of the rights and freedoms set forth in [the] Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status†.... These decisions delivered by the European Court of Human Rights could have various implications on the employment context in future. 1st applicant The applicant had been working with British airways for 5years before the introduction of new uniform regulations, which created controversies with her religion. The applicant appeared to fail to conceal the religious symbol displayed, prompting the company to take necessary action. Following the laid down procedures, the company decided to terminate the services of the applicant indefinitely, without pay. The condition set upon the employee was that she would be reinstated when ready to comply with the prevailing regulations. Following numerous consultations, with relevant stakeholders, the company reviewed the regulations and the perceived religious symbol became permitted within specified working areas. The applicant was reinstated into her employment, however, the pending dues, accrued during suspension were denied to the employee. Thi s prompted the filing of legal complaint against the company for discriminative treatment, and breach of article 9. The applicant cited hindrance of the freedom to manifest her religion. The employment tribunal, however, dismissed the claims for direct discrimination on the ground that, the applicant failed to raise the issues of discrimination when the regulation was introduced. The failure by the applicant to present evidence of other individuals complaining of similar discrimination became the ground for dismissal at the Employment Appeal Tribunal. The appellate body dismissed the appeal for indirect discrimination as the applicant never proved of instances where other persons professing similar religious beliefs complained of discrimination from the company’s regulations. This