Religion or belief in the workplace
The Employment Equality (Religion or Belief) Regulations came
into force in December 2003, since when it has become unlawful to
discriminate against workers because of a religious or similar
belief.
Who is protected by the regulations?
The Regulations covers all workers, including agency and contract
workers, office holders, the police, barristers and members of the
armed forces. It applies to all aspects of employment and
vocational training, including recruitment, promotion, transfers,
dismissals and training.
What protection is provided by the
regulations?
It is unlawful to discriminate on the grounds of religion or belief
as follows:
• directly discriminate against an individual which is to
treat a worker less favourably than another because of their
religion or belief. There is no defence for direct
discrimination, however, in narrow circumstances there are
exemptions in relation to genuine occupational requirements:
• indirectly discriminate against an individual by applying a
criterion, provision or practice which disadvantages people of a
particular religion or belief unless it can be objectively
justified:
• subject someone to harassment. Harassment is unwanted
conduct that violates a person’s dignity or creates an
intimidating, hostile, degrading, humiliating or offensive
environment.
• victimise an individual because they have made or intend to
make a complaint or allegation or have given or intend to give
evidence under the regulations.
Exemptions may be made in very limited circumstances if there is
a genuine occupational requirement for the worker to be of a
particular religion or belief in order to do the job or to comply
with the organisation’s ethos in relation to religion or
belief.
What is the definition of religion or
belief?
Religion or belief is defined as being any religion, religious
belief or similar philosophical belief. This does not include
any philosophical or political belief unless it is similar to
religious belief.
For more information see the BERR website
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