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Judges have decided religion and belief discrimination cases on a wing and a prayer making the law confusing and contradictory, claims the Equality and Human Rights Commission.

The EHRC is seeking leave to intervene in four cases at the European Court of Human Rights that involve religious discrimination in the workplace.

The thrust of their argument is that poor interpretation of human rights and equality laws by judges does not protect freedom of religion or belief.

Some Christians wanting to display religious symbols at work, for example says the commission, have lost their legal claim so are not allowed to wear a cross, while others can after reaching a compromise with their employer.

As a result, employers cannot have confidence in their decisions aimed at protecting people from religion or belief based discrimination – in some cases they are too cautious and unnecessarily restrict people’s rights.

John Wadham, EHRC group director, legal, said: “Our intervention in these cases would encourage judges to interpret the law more broadly and more clearly to the benefit of people who are religious and those who are not.

“The idea of making reasonable adjustments to accommodate a person’s needs has served disability discrimination law well for decades.  It seems reasonable that a similar concept could be adopted to allow someone to manifest their religious beliefs.”

The intervention follows a study by the commission that highlighted many people do not understand their rights around religion or belief.

The commission is concerned that this could be preventing people from using their rights.

The four separate cases before the EU courts are

• Nadia Eweida, 55, a Christian working for British Airways who was told to cover a cross necklace contrary to the airline’s uniform policy When she refused, she was offered unpaid leave or a where she did not job where she did not have have to cover the necklace.

• Shirley Chaplin, 54, suggested that her religious beliefs would be “violated” if she took off a cross necklace because she felt that she was being asked to hide her faith by managers at the hospital where she worked.

• Lillian Ladele was a Christian registrar who was disciplined because she would not officiate civil partnerships as an employee of Islington Council, London.

• Gary McFarlane, 48, a Christian relationship counsellor was sacked by Relate for refusing to give sex therapy to gay couples

The commission wants these cases to provide clearer legal principles to help courts consider what is and what is not justifiable in religion or belief cases, which will help to resolve differences without resorting to legal action.