The four British Christians argue that the actions of their employers contravened articles nine and 14 of the European Convention on Human Rights, which prohibit religious discrimination and allow “freedom of thought, conscience and religion”.

Landmark cases, brought by four British Christians, including two workers forced out of their jobs after visibly wearing crosses, were heard on Tuesday at the European Court of Human Rights, a judgement will follow at a later.

Despite previous pledges by David Cameron, the Prime Minister, that he would change the law to protect religious expression at work, government lawyers insisted that there was a “difference between the professional and private sphere”.

James Eadie QC, acting for the government, told the European court that the refusal to allow an NHS nurse and a British Airways worker to visibly wear a crucifix at work “did not prevent either of them practicing religion in private”, which would be protected by human rights law.

He argued that a Christian facing problems at work with religious expression needed to consider their position and that they were not discriminated against if they still have the choice of leaving their job and finding new employment.

“There are two aspects to this part of the argument. Firstly resigning and moving to another job and secondly there is clear and consistent jurisprudence that the person who asserts religious rights may on occasion have to take account of their position,” he said.

 “There is a difference between the professional sphere where your religious freedoms necessarily abut onto and confront other interests and the private sphere. The employees concerned could indeed pursue all the generally recognised manifestations of their religion outside the work sphere.”

The QC also told the court that, unlike the Muslim headscarf for women, wearing a cross is not a “generally recognised” act of Christian worship and is not required by scripture. “A great many Christians do not insist on wearing crosses at all, still less visibly,” he said.

Nadia Eweida, a BA worker, from Twickenham, south-west London, made the headlines when she was sent home in 2006 after refusing to remove a necklace with a cross or hide it from view.

An employment tribunal ruled Ms Eweida, a Coptic Christian originally from Egypt, had not suffered religious discrimination, but the airline later changed its uniform policy after the case to allow all religious symbols, including crosses.

Shirley Chaplin, from Exeter, was moved away from nursing to a clerical role by the Royal Devon and Exeter NHS Trust in Devon after refusing to remove a necklace bearing a crucifix. She has since lost her job after 30 years of nursing.

Read More