Legal responses to the individual manifestation and expression of religion in the workplace in England and Wales: a conceptual framework

Abstract

The purpose of this thesis is to analyse legal approaches in England and Wales towards the manifestation and expression of religion by individuals in the workplace.
It begins by considering the nature of ‘religion’ and then seeks to understand and categorise the ways in which it is held by individuals at work through: inner belief,
identity, association with others and, most significantly, outward manifestation or expression. Forms of manifestation which are potentially contentious are identified and
classified, for analytical purposes, into three categories: negative, passive and active manifestation. These categories are utilised as headings in the later chapters of the thesis to provide a logical structure for analysing the relevant case law, as it is argued that there are legal issues which specifically apply to each. The thesis continues to discuss theoretical positions which might be adopted in a liberal state towards workplace religious expression and considers and critiques the possible
rationale underlying each. It is proposed that there are six possible models:
(I) the exclusion model which aims to suppress religious expression;
(II) support for a preferred historic (‘majority’) religion only;
(III) laissez-faire (leaving the matter to the employer’s discretion alone);
(IV) protection, but only within ‘islands of exclusivity’ (religious organisations);
(V) protection; and
(VI) protection for minority religions only.
These models are used as reference points in discussing statute law applying in the legal jurisdiction of England and Wales and, in subsequent chapters, case law. Although
features of each model are discerned, particularly ‘protection’, ‘exclusion’ is identified
as the dominant legal model in respect of many of the most contested forms of manifestation of religion in the workplace. It is submitted that, given the primary significance of religious expression to many individuals, the law should move further in the direction of the protection model.