ABSTRACT

One area in which the State routinely intervenes in voluntary relationships between individuals and organisations is that of the workplace. The employment relationship is one where the State commonly intervenes to support an individual in conflict with an organisation. The religious convictions of an employee and ways of accommodating them must at least be considered by an employer if a dismissal is not to be unfair. The cases on religious grooming and dress codes have primarily focused on indirect discrimination, rather than unfair dismissal. The impact of the Human Rights Act on anti-discrimination guarantees concerning religion is likely to be relatively small. The individual religious interest most directly affected by a mandatory role for the State in the relationship is that of the religious adherent. Within the English jurisdiction, the State's intervention to protect religious practices or identity is kept at a low level, except where the protection of religious interests is incidental to upholding the values of non-discrimination.