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This section provides general information on employment law. If you have specific questions, you should seek legal advice from a lawyer or trade union.
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Religion and Belief Discrimination
Summary
Protection against discrimination in employment and vocational training on the grounds of religion or belief was enacted in 2003 under European equal treatment law. The protection includes job applications, the employment relationship and certain aspects of the ending of that relationship. The structure of these Regulations is broadly similar to that under other anti-discrimination laws, eg on grounds of sex, race and disability. They encompass a free-standing protection against harassment. The Regulations cover religious and non-religious belief. The principal remedies are provided through a claim to an employment tribunal.
Questions and Answers
Question
An atheist (of Jewish ethnic origin) applies for a post as fundraiser for an Orthodox Jewish social welfare charity and has been refused the job. What grounds does he have to claim at an employment tribunal?
Answer
In any recruitment and selection exercise, the employer must use objective selection criteria (eg experience, qualifications, etc). If the applicant failed to be recruited because he or she did not meet these criteria then there is no claim. However, he or she might contend that the lack of a specific religious belief was a factor in the rejection. If this was the case, the charity would need to show that it had a religious ethos which required the person (under the GOR provisions) to be an adherent of the Jewish faith. It would be arguable whether specific religious belief was necessary for this post. The tribunal would consider the case on its own circumstances.
Question
A company employs a significant proportion of Muslim staff. They have requested the facility of a prayer room and the provision of time for religious observance. What action might the company take?
Answer
The company has no duty to provide facilities or adjust working time. However, there might be an issue of indirect discrimination if it does not. Good employment practice suggests a policy might be drafted on religious observance. This, of course, should cover all relevant religious groups in the organisation and also any implications for staff who have no religious belief. It may be possible to accommodate prayer sessions within normal work breaks to accommodate the observance of religious festivals within annual leave and to provide a special room for prayer and contemplation for all staff. Understandably, resource and operational implications will be considered. These might enable the employer to justify a decision not to provide a prayer room facility and to be stringent about working time requirements.
Question
A member of an evangelical Christian church employed as a team leader says that he is not willing to agree to the employment of a prospective new member of staff (who has been recruited to his team) and who he understands is gay. What action should the employer take?
Answer
The employer is being asked to discriminate unlawfully (under the regulations on sexual orientation discrimination) against the new member of staff. The team leader may have his personal religious views but they should not interfere with the tasks that his employer wishes him to undertake. He should be reminded that harassment of the new member of staff would be unlawful under the Employment Equality (Sexual Orientation) Regulations 2003.
Question
What should a person do if he or she believes that he or she is the victim of harassment or discrimination?
Answer
The issue should, in the first instance, be raised through the workplace grievance (and/or harassment) procedure to see if the matter can be resolved. The complainant would be able to use the statutory right to be accompanied. The complainant may also make a claim to an employment tribunal. Complaints to the employment tribunal can be made whilst the person is in employment; or after dismissal or resignation. Job applicants can also bring claims.
Key Facts
- Direct discrimination occurs when a person is treated less favourably than another person on grounds of his or her religion or belief.
- Indirect discrimination occurs when an employer applies to an employee (or job applicant) a "provision, criterion or practice" that is applied equally to others and which puts a person of a particular religion or belief at a disadvantage and the person suffers that disadvantage.
- It is possible to justify the employment of a person of a particular religion if there is a genuine occupational requirement, eg where the postholder is required to be of a specific belief or the organisation has a particular religious ethos.
- Individuals are protected from being victimised for bringing, or assisting with, a complaint about discrimination or harassment.
- An employer is liable for any discriminatory acts and harassment carried out by its employees in the course of their employment.
