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Religion and belief discrimination claims

Discrimination on the grounds of religion, belief or lack of either

Direct  discrimination is where:
  1. 'A' (the employer)  treats a person' B' less favourably
  2. The treatment is  because of B's religion, belief or lack of religion or belief; and someone of a different religion/belief is or would be treated more favourably and
  3. Where  the treatment has led to a disadvantage, e.g. dismissal or  a failure to appoint or promote.
Note:

  • Religion/belief includes any religion or branch of a religion;  belief means any religious or philosophical belief.  Reference to religion or belief includes reference to lack of belief;
  • The less favourable treatment involves comparing B's situation with how a person of a different religion/belief (or lack of it) has been or would be treated in similar circumstances;
  • The treatment does not have to be because of B's religion/belief; it may be the religion/belief of another person with whom B  associates, e.g. her partner, or because B refuses to discriminate, on grounds of religion, against another worker (associative discrimination)
     

Examples of direct religious/belief discrimination include:

  • Stereotyping workers of a particular religion/belief,  i.e. making assumptions about how people of a particular religion behave,
  • Redundancy criteria or selection based on religion/belief,
  • Failure to appoint a candidate because he is of a particular religion/belief and 'would not fit in',
  • Treating a worker less favourably because s/he has refused to discriminate against another on grounds of religion/belief;
  • Paying higher bonuses or pay to Christians than atheists  for similar work and performance.

Indirect religious/belief discrimination: This occurs where B is disadvantaged because of a provision, criterion or practice, which applies to everyone, but particularly disadvantages  people in B's religious group and is not a proportionate means of achieving a legitimate aim.
 

Examples

  • Requiring a Muslim to work on a religious holiday, such as Eid, unless this really was necessary for the job;
  • Refusing to allow staff prayer breaks unless the refusal really was necessary for the job.

Victimisation: It is unlawful to treat a worker unfavourably because s/he has complained of religious discrimination, brought a claim or been a witness for a complainant.

Harassment: It is unlawful to subject a worker to unwanted conduct related to religion or belief that (when viewed reasonably) causes  that worker offence.  See Harassment.

Discrimination on the grounds of religion, belief or lack of either

Direct  discrimination is where:
  1. 'A' (the employer)  treats a person' B' less favourably
  2. The treatment is  because of B's religion, belief or lack of religion or belief; and someone of a different religion/belief is or would be treated more favourably and
  3. Where  the treatment has led to a disadvantage, e.g. dismissal or  a failure to appoint or promote.
Note:

  • Religion/belief includes any religion or branch of a religion;  belief means any religious or philosophical belief.  Reference to religion or belief includes reference to lack of belief;
  • The less favourable treatment involves comparing B's situation with how a person of a different religion/belief (or lack of it) has been or would be treated in similar circumstances;
  • The treatment does not have to be because of B's religion/belief; it may be the religion/belief of another person with whom B  associates, e.g. her partner, or because B refuses to discriminate, on grounds of religion, against another worker (associative discrimination)
     

Examples of direct religious/belief discrimination include:

  • Stereotyping workers of a particular religion/belief,  i.e. making assumptions about how people of a particular religion behave,
  • Redundancy criteria or selection based on religion/belief,
  • Failure to appoint a candidate because he is of a particular religion/belief and 'would not fit in',
  • Treating a worker less favourably because s/he has refused to discriminate against another on grounds of religion/belief;
  • Paying higher bonuses or pay to Christians than atheists  for similar work and performance.

Indirect religious/belief discrimination: This occurs where B is disadvantaged because of a provision, criterion or practice, which applies to everyone, but particularly disadvantages  people in B's religious group and is not a proportionate means of achieving a legitimate aim.
 

Examples

  • Requiring a Muslim to work on a religious holiday, such as Eid, unless this really was necessary for the job;
  • Refusing to allow staff prayer breaks unless the refusal really was necessary for the job.

Victimisation: It is unlawful to treat a worker unfavourably because s/he has complained of religious discrimination, brought a claim or been a witness for a complainant.

Harassment: It is unlawful to subject a worker to unwanted conduct related to religion or belief that (when viewed reasonably) causes  that worker offence.  See Harassment.

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Religious discrimination