The Evangelical Alliance has accused the Equality and Human Rights Commission of failing to stand up for religious belief.

The EHRC stated in a report yesterday that an employer may “legitimately refuse to accommodate an individual’s religious beliefs where such accommodation would involve discrimination on the basis of other protected characteristics”.

The report acknowledges that some people of faith feel that their right to manifest their religious beliefs has been compromised.

It points specifically to cases involving Christians, including those of Christian relationship counsellor Gary McFarlane, who lost his job because he refused to provide sex therapy to same-sex couples, and check-in worker Nadia Eweida, who was refused permission by British Airways to wear a cross with her uniform.

The report notes that courts have so far ruled that employers can legitimately limit the freedom of employees to manifest their religion or belief to prevent discrimination against other individuals or groups.

It suggests, however, that most people of faith do not feel discriminated against in light of recent court rulings.

“The lack of success of some claimants who bring cases under Article 9 [of the European Convention on Human Rights] or the Equality Act has prompted some religious groups to argue that the right to manifest religion or belief is treated by the law as a ‘lesser right’ than others,” the report states.

“They argue that religious discrimination claims are too readily trumped by the aim of preventing discrimination on other grounds.

“This view does not appear to be widely held, however, among the representatives of different religious groups.

“In contrast, other groups believe that religious groups enjoy a privileged position in the UK, and that the law does not provide sufficient protection to those without religious beliefs.”

The report adds: “The issues are contentious, but the experiences of the claimants are not necessarily representative of the common experience of other people following a particular faith, or a reliable indicator of the public role for religion or belief in society.”

In its response to the report, the Evangelical Alliance criticised the Commission’s view.

Director of advocacy at the Evangelical Alliance, Dr Dave Landrum, said that the report had failed to pay attention to widespread concern that space for religion in public life is “narrowing and unequal”.

“It is disappointing that the Equality and Human Rights Commission have failed once again to stand up for religious belief,” he said.

“The report clearly states in black and white the Commission’s view that religious belief and practice is now less important than other human rights.

“In other words, in any clash of rights, instead of allowing equal space to all, religious rights must inevitably make way.”

Mr Landrum said the consequence of the Commission’s view was to “relegate” religious rights.

“The Commission fails to realise that by refusing to accommodate religious beliefs on the same basis as other rights they are making some groups more equal than others.

“This is discriminatory. It pushes religion to the sidelines and relegates it below other rights.”

He backed the call from an all-party parliamentary group last week for a review of the Commission, saying that it would need to be restructured “if it is going to have any credibility, especially among Christians”.