Religious equality

Discrimination on religious grounds is illegal in the workplace.

The Employment Equality (Religion or Belief) Regulations 2003 came into force on 2 December 2003. The Regulations serve to promote equality and prohibit discrimination on the grounds of 'religion or belief'. It is also unlawful to discriminate against a person for not having a specific religion or belief. 

 

Religion or belief is defined under the Regulations as being 'any religion, religious belief, or similar philosophical belief'. 

 

Political beliefs are excluded from the ambit of the Regulations. There has already been some debate in the media and legal press as to how broad an interpretation will be given to the definition – for example, whether the definition may extend so far as to apply to pacifism and vegetarianism. Ultimately, this will be for the courts and the Tribunal to decide. 

 

The Regulations apply to employers, all workers, job applicants and also to third parties who may be working on the employer’s premises, but employed by someone else. 

 

The Regulations are applicable to all stages of the employment relationship, such as recruitment, promotions, training and dismissal. 

 

In accordance with the Regulations, it is unlawful on the grounds of religion or belief to: 

• discriminate directly against a person (direct discrimination in the context of these regulations means treating a person less favourably by reason of their religion or belief)
• discriminate indirectly against a person (indirect discrimination in the context of these regulations involves applying a criterion, provision or practice which puts people of a particular religion or belief at a disadvantage. Please note that if indirect discrimination can be justified, it will not be unlawful. To justify the discrimination, an employer will have to show that there is a legitimate business aim and that the discriminatory practice is proportionate to that aim) 
• subject a person to harassment. Harassment is behaviour that is offensive, frightening or distressing. This could include use of nicknames and teasing which does not have any malicious intent, but which causes offence
• victimise someone because they have made a complaint or have given evidence in relation to a complaint of discrimination on the grounds of religion or belief
• discriminate against someone once the employment relationship has come to an end – for example, when giving a reference.

The Regulations provide for lawful discrimination when having a particular religion or belief is a genuine occupational requirement. For example, a Catholic school may successfully argue that being Catholic is a 'genuine occupational requirement' for the position of religious education teacher at the school. However, genuine occupational reasons are always open to challenge from an employee and the burden will be on the employer to establish that the reason is a valid one, by substantiating this with evidence. 

 

In accordance with the Regulations, employers are required to ensure that none of their policies, rules and procedures indirectly discriminate against staff of a particular religion or belief. This may involve, for example, considering requests for holidays on the days of religious festivals. However, contrary to many recent reports in the media, the Regulations do not impose an obligation on employers to provide time and facilities for religious belief observance at work. 

 

If you feel that you’re being discriminated on the grounds of your religious beliefts and/or practices you should contact ATL for guidance.

 

Further information

 

The ACAS guidance document, Religion or belief and the workplace: putting the Employment Equality (Religion or Belief) Regulations 2003 into practice can be downloaded from this page: ACAS guidance.

 

Help and support 
For further advice on this issue, ATL members can speak to their school rep, their branch secretary or their regional official. They can also call the London (020 7930 6441), Cardiff (029 2046 5000) or Belfast office (02890 327 990) or email info@atl.org.uk.

For out of hours enquiries, call the out of office hours helpline on 020 7782 1612 (Monday-Friday, 5-8pm during term time). Don’t forget that ATL also offers a Crisis Line for members who have suffered assaults or trauma either at work or in their private lives (08705 234 838).

If you are not a member, join now.

 

Further information

• ATL contacts