Tel: 020 7650 1200   Typetalk: 18002  

 

Religious discrimination

Religious discrimination in the field of employment and vocational training is unlawful under the Employment Equality (Religion or Belief) Regulations 2003 (SI 2003/1660).

Direct discrimination is where there is less favourable treatment on grounds of religion or belief. This includes actual or perceived religion or belief and covers the complainant's association with someone of a particular religion or belief (meaning religion, religious belief or similar philosophical belief).

Indirect discrimination is where there is a provision, criterion or practice applied equally to persons of a different religion or belief,

  • which puts or would put persons of the same religion or belief as the complainant at a particular disadvantage when compared to other persons,
  • which puts the complainant at a disadvantage,
  • which the employer cannot show to be a proportionate means of achieving a legitimate aim.


This is where a practice has the effect of disadvantaging people of a particular religion or belief, which cannot be justified by the employer.

Harassment is where, on religious grounds, there is unwanted conduct that violates a person's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment; the conduct will be regarded as harassment if, having regard to all the circumstances, including in particular the complainant's perception, it should reasonably be considered as having that effect.

Victimisation is where a worker is treated less favourably for alleging discrimination, bringing a claim, giving evidence or taking other action under the Regulations.  It also covers the situation where the employer believes or suspects that the worker has done or intends to take such action.

The Regulations protect job applicants, workers, employees, ex-employees and others in relation to recruitment, employment terms, promotion, training, dismissal and any other detriment. There are some exceptions, for example where possessing a particular religion or belief is a genuine occupational qualification.

See the Equality and Human Rights Commission and ACAS for more information.

News


Court of Appeal denies lack of sensitivity towards Christian values
CA turns down appeal from Employment Appeal Tribunal
 

Successful climate change employment case
Employment Appeal Tribunal rules belief in climate change comparable to religion
 

Contact us


To contact the team please call 020 7650 1200

Email: complete our online enquiry form

 
Document Actions