• an appointment is dependent on the relevant local authority’s opinion as to whether such a representative would help ensure that the relevant traditions in the local authority’s area are appropriately reflected in Group A. The final decision of an appointment rests with the local authority, and they are best placed to assess whether a SACRE has the necessary expertise and experience to properly discharge its function.”

Harassment and alleged support for Islamic State

In Bakkali v Greater Manchester Buses (South) Ltd (t/a Stage Coach Manchester) [2018] UKEAT 0176/17/1005, the claimant, a Moroccan, had mentioned to a colleague, Mr Cotter, a report by a German journalist who had been to Syria and spoken to Islamic State. He quoted some of journalist’s comments, including “Mosul … was a ‘Totalitarian State’, and that they [IS], are trying to enforce law and order upon its subjects, and that they are confident and proficient fighters…” Later, in the works canteen, Mr Cotter asked Mr Bakkali “Are you still promoting IS/Daesh?”, following which there was an incident between Mr Bakkali and another driver, Mr Tomkinson, in front of Ms Marie Green, a canteen worker. She reported Mr Bakkali for what she regarded as aggressive behaviour and he was suspended and, after an investigation, dismissed for gross misconduct.

The Employment Tribunal rejected his claims for direct discrimination and harassment. It found that, though Mr Cotter had made the alleged comment, in context he had made it because, after their previous conversation he had understood that Mr Bakkali was promoting ISIS. The ET therefore concluded that Mr Bakkali had not proved that the bus company had treated him less favourably because of his religious belief, nor that Mr Cotter’s remark had been made because he was a Moroccan national.

On appeal, the issue was whether the ET had failed to apply the correct statutory test for harassment in s.26 Equality Act 2010 – whether the conduct complained of was “related to” the religious belief or race of the claimant – and had instead applied the direct discrimination test in s.13: whether the conduct was “because of” those protected characteristics. Slade J concluded that the ET had been entitled to take into account the context in which the offending words had been spoken and, though another ET might have reached a different conclusion, it had applied the correct test for whether the conduct complained of constituted harassment within the meaning of s.26 Equality Act and it had not erred in law. Appeal dismissed. [With thanks to Neil Addison.]

Hijabs in Berlin

The Berlin Labour Court [Arbeitsgericht] has ruled that Berlin’s neutrality law banning teachers in public schools, police officers and judicial employees from wearing any kind of religious dress is not unconstitutional.

In 2015, the Federal Constitutional Court had ruled that a law in North Rhine-Westphalia that banned hijabs but exempted “Christian and Western educational and cultural values or traditions” from the ban was unconsitutional. The Labour Court concluded, however, that the Berlin law regulated the relationship between the religious freedom of public servants and the principle of religious neutrality of the state in a manner that was permissible under the Constitution and that the interest of the State of Berlin to ensure a religiously-neutral environment in its elementary schools overrode the applicant’s right to manifest her religion. [With thanks to Dr Georg Neureither.]

Same sex marriage

On 11 May, the House of Bishops of the Church of Ireland issued a Press Release and Statement on Human Sexuality in the Context of Christian Belief to its General Synod which was taking place in the Armagh City Hotel, Armagh, 10th – 12th May 2018.  Elsewhere in the Anglican Communion, on 9 May, the Anglican Church in New Zealand paved the way for the blessing of same gender relationships. Anglican Taonga reports

“… by majority vote, General Synod/Te Hinota Whanui passed Motion No 7 – which is the motion which accepts the report and recommendations of the Motion 29 small working group.

That acceptance is subject to the appointment of a select committee which will consider and report back to General Synod…on a range of detail which the Synod must be sorted before the passage of the constitutional and canonical changes necessary to give the decision effect”.

The Anglican churches in Polynesia are opposed to the blessings of same gender marriages, and although they will not vote against the proposal, they will not change their practices in this matter, here.

However, in Australia following the passing of legislation on same sex marriage in December last year, the bishops’ opposition which was decided at their annual meeting, held in March in Canberra, has at last become known, here and here.

Church Measures

On Thursday, Royal Assent was given to the following Measures:

• the Ecclesiastical Jurisdiction and Care of Churches Measure 2018;
• the Legislative Reform Measure 2018;
• the Mission and Pastoral etc. (Amendment) Measure 2018;
• the Pensions (Pre-consolidation) Measure 2018; and
• the Statute Law (Repeals) Measure 2018.

The operative provisions of four of the five Measures will be brought into force on such day as the Archbishops of Canterbury and York may by order jointly appoint: the Legislative Reform Measure came into effect on Royal Assent.

• Shehnal Amin, Worklife: Ramadan – how to support your employees: Ramadan begins around 16 May: suggestions for how employers can support employees who are observing the festival without placing unreasonable extra burdens upon their other employees.
• Ecclesiastical Law Society: Ascensiontide 2018 Newsletter.
• Kenan Malik, The Guardian: The ‘gay cake’ fight: why the bakers had a right to refuse this order: suggests that “At the heart of the case are two issues that have got muddled” – we don’t think so, but we’ll see what the UKSC decides.
• Douglas NeJaime and Reva Siegel, Oxford Human Rights Hub: Cakes and the Conscience Wars: on Masterpiece Cakeshop and Lee v Ashers Baking Company Ltd.
• Daniel Sarmiento, EJIL: Talk!: A Court that Dare Not Speak its Name: Human Rights at the Court of Justice.
• Paul Smalley, The Conversation: Parents are pulling children from RE lessons – so they don’t learn about Islam: “‘withdrawal’ has been requested in almost three quarters of schools. More than 10% of those withdrawing are open about the fact that they are doing so for racist or Islamophobic reasons”.

And finally…I

One that, as Cardiff graduates, we couldn’t resist. Cardiff Council owns a 1963 Rolls Royce Phantom that was last used in an official capacity in 2002. It has been kept in storage for the last 16 years and, for the last three, has cost the authority £590.85 in running costs – to take it for its annual MOT. Apparently its registration is KG1: presumably the Council is waiting for a Knight of the Garter with more money than sense to pitch up.

And finally…II

It has been suggested that “with Windows 10, Microsoft decided to try and mash browsing, organizing, and viewing all together in one application, with some basic editing to boot. The result, the innocuously-titles ‘Photos’ app, can be less than intuitive”.

Indeed. David was amused to find that his Photo app had categorised the photograph of the degree ceremony at Cardiff in 2013 as “#martial arts”, (although coincidentally, this reflects the interests of the photographer).