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Industrial Law Journal 2003 32(1):23-36; doi:10.1093/ilj/32.1.23
© 2003 by Industrial Law Society
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Freedom of Religion and the Workplace: The Draft Employment Equality (Religion or Belief) Regulations 2003

Lucy Vickers1

1 Centre for Legal Research and Policy Studies, Oxford Brookes University

This article examines the provisions of the Draft Employment Equality (Religion or Belief) Regulations 2003. It provides an overview of the new right not to be discriminated against on grounds of religion or belief, and then focuses on the clash between religious rights and the rights of others groups. Under the draft Regulations the concept of ‘proportionality’ is used to adjudicate between competing rights. This contrasts with the approach of the Employment Directive 2000/78 on which the draft Regulations are based. The article considers how proportionality may be interpreted in this context, and suggests that the draft Regulations do not fully address the complexities involved in protecting workers against religious discrimination.


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