Religion or Belief

The Employment Equality (Religion or Belief) Regulations 2003 make it unlawful for employers to discriminate against any workers and job applicants on the grounds of religion or belief. The Regulations prohibit direct discrimination, indirect discrimination, victimisation and harassment.  The term ‘religion and belief’ is defined as any religion, religious belief or similar philosophical belief. This covers discrimination on the grounds of perceived as well as actual religion or belief (i.e. assuming, correctly or incorrectly, that someone has a particular religion of belief).

The Regulations also cover associative discrimination i.e. being discriminated against on the grounds of the religion or belief of those with whom you associate e.g. friends and/or family.

The Regulations do not specifically cover discrimination on the grounds of an absence of belief but it is thought likely that Employment Tribunals may interpret them in such a way to provide protection to people who are non believers.

Examples of indirect religious discrimination could be denying an employee to take some of their annual holiday entitlement on dates that coincide with a particular religious festival or ceremony, or refusing to grant an employee time off work to pray where it would be reasonable and practicable to do so.

In limited circumstances an employer will be able to treat someone differently if it can be shown that being of a particular religion or sexual orientation is a Genuine Occupational Requirement. This could include employing someone of a specified religion where it is necessary for the effective performance of the job (for example, a Minister). The burden of proof will lie with the employer to establish this.