In this seminar, barristers Richard O'Dair and Simon McCrossan will examine whether and to what extent employees can ask their employer to restrict freedom of belief on the grounds that it might make them feel unsafe.
What, in other words, is the proper scope of the derogation in Article 10(2) referring to the need to prevent injury to health? Is it restricted to what might be called personal injury, or does it also cover injury to feelings?
In October, the Court of Appeal will consider Higgs and the proper scope of arguments to the effect that the treatment was not by way of belief, but rather, by way of the place or language in which it was expressed. Richard and Simon will consider whether this is a complete defence, or instead a defence which requires the respondent to demonstrate it acted proportionately in pursuit of a legitimate aim.
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