Discrimination and Religion

Are you an employer facing a discrimination claim on the grounds of religion? Do you need advice on how to avoid potential claims?

The law protects people from discrimination in employment and vocational training on the grounds of their religion or belief.

Employees are protected under the Employment Equality (Religion or Belief) Regulations 2003.

An employer may be liable for the discriminatory act of an employee, carried out in the course of the employment, whether or not those actions were done with the employer's knowledge or approval.

For example, if one employee is being treated less favourably by another because of his/her religion then the offender's employer may well be liable for failing to ensure that the treatment did not take place in the workplace.

The Regulations

The Regulations protect job applicants, employees and potentially ex-employees. There is no qualifying period of employment.

The Regulations apply to all workers and employees whatever the size of the employer and whether in the public or private sector.

Types of Discrimination on the grounds of Religion or Belief

The Regulations make unlawful certain types of discriminatory treatment:-

1. Direct discrimination

Direct discrimination involves conduct which consists of less favourable treatment than that which would be afforded to other persons of a different religion or belief..

2. Indirect discrimination

Indirect discrimination may occur where a condition is applied which would put a person of the same religion or belief as the complainant at a particular disadvantage when compared with other persons or which puts that individual at a disadvantage and which the employer cannot show to be a proportionate means of achieving a legitimate aim. This might include a dress code policy which prohibits the wearing of religious dress.

3. Victimisation

Victimisation may take place under the Regulations where an individual is treated less favourably because of action they have taken under or in connection with the Regulations.

4. Harassment

Harassment is unwanted conduct on the grounds of religion or belief that violates a person's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.

5. Perception

Less favourable treatment and harassment under the Regulations can include discrimination based on a perception of another's belief whether that is right or wrong and will also cover discrimination against an individual by reason of their association with persons of a particular religion or belief.

The definition of religion

Religion or belief is defined as :-

"any religion, religious belief or similar philosophical belief".

People who belong to established religious traditions (such as Christians, Jews, Muslims, Hindus, Buddhists) are covered and the Regulations are likely to extend to beliefs such as Paganism and Humanism.

However being a member of a political party, club or a supporter of a sports team (however fanatical!) is unlikely to gain protection under the Regulations.

An Employer's liability for discrimination

An employer may be liable for the discriminatory act of an employee, carried out in the course of the employment, whether or not those actions were done with the employer's knowledge or approval.

For example, if one employee is being treated less favourably by another because of his/her religion then the offender's employer may well be liable for failing to ensure that the treatment did not take place in the workplace.

Discrimination in practice

There are a number of contexts in which the forms of discrimination discussed above can affect employees in the workplace: -

· Recruitment
· Advertisements
· Arrangements for offering employment
· Terms on which employment is offered
· Bullying and harassment
· Promotion, transfer and training
· Dismissal
· Post employment discrimination

Religion and Belief in the Workplace

The right of employees to not suffer discrimination in the workplace on the grounds of religion or belief needs to be considered in a variety of situations including:-

· Requests for holidays in order to celebrate religious festivals
· Requests for access to an appropriate quiet place or prayer room to undertake religious observance
· Requests for facilities such as access to a washroom before prayer
· Sensitivity in relation to undressing or showering in the company of others
· Staff wishing to store and prepare food brought into work separately from other food
· Religious dress code requirements
· Practices in relation to the wearing of jewellery or having tattoos or other markings

Although the Regulations do not state that employees must provide time off or facilities for religious observance in the workplace, an employee may be able to take action where their employer fails to adopt a reasonable and practical approach in considering requests which are made.

Complaints to an Employment Tribunal

If an employee feels they are being discriminated against on the grounds of their religion or belief by their employer then that employee can make a claim to an Employment Tribunal.

If a Tribunal finds discrimination has taken place then an award of damages may be made. This may include an award for loss of earnings and/or injury to feelings.

In addition a Tribunal can make a declaration regarding the rights of the complainant and that the discrimination should cease.

If you have suffered from discrimination in the workplace click here or if you are an employer facing legal action or needing advice click here

Types of Discrimination

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