Religion and unemployment benefits

Abstract

When employees are dismissed or resign because of a conflict between their religion and job duties or expectations, how does this affect their claims to unemployment benefits? How do European countries address this question? The answer has significant consequences for many jobseekers and employees belonging to religious minorities and in many ways excluded from the mainstream labour market, yet the role of religion in the adjudication of European unemployment disputes has so far received limited attention. This article focuses on the role of religious dress in unemployment benefits disputes in Belgium, the Netherlands and Great Britain. It also assesses whether the messaging in relevant case law in the area of unemployment benefits has been sufficiently interlocking with employment law. Finding a level of disconnect, it is argued that an explicit duty of reasonable accommodation in employment would appropriately address the interplay between unemployment benefits and employment law in Europe.