Religion And Belief Under human rights and anti-discrimination
legislation, you have the right to hold your own religious beliefs or
other philosophical beliefs similar to a religion. You also have the
right to have no religion or belief.
Under the Equality Act 2006, it is unlawful for someone to discriminate
against you because of your religion or belief (or because you have no
religion or belief): ●in any aspect of employment ●when providing goods, facilities and
services ●when providing education ●in using or disposing of premises, or ●when exercising public functions.
There are, however, some limited exceptions when discrimination may be
lawful. You can find out more about these in this section of the site.
Under British anti-discrimination and human rights legislation, you are
also entitled to practise your religion or belief, express your views
and get on with your day-to-day life without experiencing threats or
discrimination.
Find out more about your legal rights and what to do if you are being
discriminated against on grounds of religion or belief on the following
pages:
●What is a religion? ●What is a belief? ●What is religious discrimination?
What is a religion? The Equality Act 2006 contains definitions of religion and
belief, which will be interpreted by the courts with reference to
relevant case law, including cases relating to the European Convention
on Human Rights.
In order to be protected under the Equality Act 2006, a religion or
belief must be recognised as being cogent, serious, cohesive and
compatible with human dignity. The concept includes religions that are
widely recognised in Britain (although it isn’t limited only to these),
such as: ●Baha’i faith ●Buddhism ●Christianity ●Hinduism ●Islam ●Jainism ●Judaism ●Rastafari ●Sikhism ●Zoroastrianism
Denominations or sects within a religion will also be considered as
religions, or religious beliefs, such as Catholicism and Protestantism,
which are divisions of Christianity.
What is a belief?
For the purposes of the Equality Act 2006, belief is defined as
including philosophical beliefs, such as humanism, which are considered
to be similar to a religion. Other categories of beliefs, such as
support for a political party, are not protected by the Equality Act.
What is religious discrimination? Religious discrimination can occur when you don’t have the same
religious or philosophical beliefs as someone else, or because you have
no religious beliefs, and because of that someone treats you less
favourably than somebody else who does share their religion or belief.
It can also happen because of the religious or philosophical beliefs of
someone you are associated with, or if someone thinks you have certain
beliefs when actually you do not. There are four types of discrimination on grounds of religion or belief.
Religious hate crimes are a criminal matter and are dealt with by the
police.
Direct discrimination Direct religious discrimination is when you are treated less
favourably because: ●somebody does not like your religious or
philosophical beliefs ●you don’t have the same religious or
philosophical beliefs as someone else, or you have none ●someone associates you with somebody whose
religious or philosophical beliefs they don’t like.
Indirect discrimination If an organisation has policies, criteria or processes that put
you at a disadvantage because of your religious or philosophical
beliefs, or because you have none, this may be indirect discrimination.
Harassment Harassment because of religion or belief is behaviour that is
intimidating, frightening or in any way distressing. Harassment can also
be aimed at someone because they have no religion or belief.
Harassment in the workplace is unlawful on grounds of an individual’s
religion or belief, or none, and is covered by the Employment Equality
(Religion or Belief) Regulations 2003. This form of harassment is
defined in law as unwanted conduct that violates a person’s dignity or
creates an intimidating, hostile, degrading, humiliating or offensive
environment.
Harassment on grounds of religion or belief may be obvious bullying or
it can be unintentional or hidden. It can be aimed at: ●your beliefs or religious practices ●the religion or philosophical belief itself ●a religion or belief that a person is
associated with.
Harassment does not have to be aimed at an individual. A general culture
of telling jokes about a certain religion, for example, might amount to
harassment.
Organisations may be held responsible for harassment carried out by
their staff in the workplace, or at an event or venue associated with
work.
Victimisation Victimisation is when a person is treated badly because they have made a
complaint about discrimination or have given evidence in a
discrimination case.
This could include: ●labelling the person a ‘troublemaker’ ●denying them opportunities or services they
would normally have (such as a promotion at work) ignoring them. ●A person who victimises someone else can be
forced to pay their victim compensation. This also applies to
organisations that do not stop their employees victimising somebody.
Hate crimes If someone threatens, abuses or attacks you because of your
religion or belief (or lack thereof), this may amount to what is called
a ‘hate crime’. Hate crimes are criminal offences, and you should report
them to the police.
Hate crimes can include: ●physical attacks and damage to your
property ●offensive letters, emails or phone calls ●groups of people intimidating you ●insults or offensive leaflets or posters ●dumping rubbish outside your home or
through your letterbox ●bullying at school or work.
If you are too frightened to speak to the police, you can report a hate
crime anonymously
Working and earning There are laws to protect you from discrimination on grounds of
religion or belief when you apply for a job, while you work and after
you leave a company. You are also protected if you have no religion or
belief.
Example During an interview, a Christian woman refers to the church
that she regularly attends. Although she has the skills to do the job
successfully, the interviewer does not employ her, because she does not
like the idea of working alongside someone who believes in God. This
would be unlawful direct discrimination.
Example A Sikh man takes his employer to a tribunal for banning
‘headwear’, as his religion says he must wear a turban. He later leaves
the company and asks his old employer for a reference. The employer
refuses, saying that the man is a ‘troublemaker’ and he couldn’t
recommend him to another employer. This would be unlawful victimisation.
Example A chief executive introduces a ‘no headwear’ rule for all
staff. This would put Sikh men who wear a turban and Jewish men who wear
a Kippah at a disadvantage. This is an example of indirect religious
discrimination, and would need to be justified otherwise it may be
unlawful.
Example A manager arranges for his team to go to football matches once
a month. During these trips, a group of employees chant anti-Muslim
slogans and make offensive comments about Islam. The manager does
nothing to stop his staff’s behaviour. This is an example of religious
harassment. Companies can be held responsible for harassment carried out
by their staff in the workplace or at an event or venue associated with
work.
Example A religious woman frequently refers to her colleagues as
‘sinners’ and warns them that they will go to hell if they do not
convert to her religion. This is an example of religious harassment.
Example A man who is an atheist is targeted by his Christian colleague,
who believes that she must try to convert him to her religion. She
leaves religious texts on his desk and tries to engage him in
conversations about Christianity. The man complains to his employer, who
tells him to ignore her. This is an example of harassment from a
colleague on grounds of no religious belief. The employer is also liable
to legal action for failing to deal with the harassment.
Learning and training Your religious beliefs – or lack of them – should not affect
your access to education or training (although certain forms of
selection by schools according to religion or belief may be lawful in
some circumstances). Nor should it affect the quality of what you are
taught.
Shops and services Nobody has the right to refuse you products or services because
of your religion or belief, or because you have no religion or belief.
Example A hotel owner refuses to allow a Muslim couple to book a room
because he is wary of Muslims following the 2005 terrorist bombings in
London. This would be unlawful direct discrimination.
Example A manager at a religious charity gives his receptionist the
sack when he finds out that she no longer has religious beliefs. This is
likely to be seen as direct discrimination, as the receptionist does not
need to have religious beliefs in order to carry out her job.
Health and social care Health and social care services should meet the needs of people
from all backgrounds. You should not be treated less favourably than
anyone else because of your religion or belief, or because you have no
religion or belief.
Example An abortion clinic restricts applications for a job to people
who do not have religious beliefs. This is an example of indirect
religious discrimination.
Example A patient gives evidence against a doctor at a tribunal where
the doctor is responding to allegations of religious discrimination. He
now finds that whenever he tries to book an appointment with his GP, the
receptionists say that no appointment is available. This is an example
of unlawful victimisation.
Example A nurse repeatedly mocks a patient about the religious clothes
worn by his family members when they visit the hospital. When the
patient complains, he is told not to worry, as the nurse is only ‘having
a laugh’. This is an example of religious harassment.
Housing Regardless of your religion or belief (or lack thereof), you
have the same housing rights as everybody else. You also have the right
to enjoy your home and property without harassment.
Example A landlord will only open a laundry room on a Saturday. This
suits most of the tenants, who are Christian. However, some tenants are
Jewish and Muslim. Saturday is the religious day for followers of the
Jewish faith and they are unable to use the laundry when it is open. The
landlord’s policy is an example of indirect religious discrimination.
Example A woman gives evidence at a tribunal against a landlord who had
religiously discriminated against another tenant. She finds that after
she has given evidence her landlord will no longer let her use the
property’s communal gardens. This is an example of victimisation.
Example A seller instructs an estate agent not to sell her home to
Muslims. This is an unlawful instruction to discriminate on grounds of
religion. If the estate agent accepted the instruction, the seller and
the agent would be liable to legal action for direct discrimination on
religious grounds.
Justice It is unlawful to treat you less favourably than someone else
on the grounds of your religion or belief (or lack thereof) when it
comes to access to, or quality of service from, the criminal justice
system. This includes the police, legal services and the courts.
When does the law allow religious discrimination? In most circumstances, it is unlawful to discriminate against
you on the grounds of your religion or belief, but there are some
limited exceptions where discrimination may be lawful. ●A genuine occupational requirement ●In very limited circumstances, an employer
can claim that a certain religion or belief is necessary for a role. In
other words, the religion or belief is considered to be a genuine
occupational requirement. Similar exceptions apply to other grounds for
discrimination, such as race and gender.
Example 1: Halal butcher If a butcher has to prepare halal meat (meat that has been
prepared in a way that is consistent with the Muslim faith), it might be
justified to insist that this role is performed by a Muslim.
Example 2: Religious organisations An organisation whose work is based on a specific religion or
belief may be able to use this rule. A Catholic care home might be able
to show that its carers should be Catholic because their work will
involve them meeting a client’s spiritual needs. But they might not be
able to make the same claim for their reception staff, who do not need
to provide spiritual leadership or support the clients.
Applicants may not agree that such a rule is appropriate or fair for a
particular job. If so, they can still claim they have been unlawfully
discriminated against. The employer would need to be able to explain and
justify the rule.
Positive action The term ‘positive action’ refers to legal measures that are
designed to counteract the effects of past discrimination and to help
abolish stereotyping. Positive action can be taken to encourage people
of a particular religion or belief to take advantage of opportunities
for training or work experience schemes, or encourage them to apply for
particular employment. It can only be done when a particular group has
been identified as under-represented in a certain area of employment.
Positive action may include things like introducing fair selection
procedures, training programmes or targeting job advertisements at a
particular group. Positive action is not the same as positive
discrimination, and does not involve treating particular groups more
favourably when recruiting. Employers must make sure that employees are
hired or promoted on merit alone. At the point when a candidate is
selected, their religion or belief must not be taken into account.
Example A local authority is concerned that, despite having a large
local Muslim population, few Muslims apply for jobs that are advertised
by the authority. When advertising for staff, the authority states that
it encourages job applications from people with religious beliefs that
are under-represented in their organisation. At the same time, the
authority makes it clear that all job applications are treated strictly
on merit. The authority also contacts local Muslim community
representatives and organisations, asking them to encourage suitably
qualified people to apply.
Justifying indirect discrimination In some circumstances, indirect discrimination on grounds of
religion or belief may be justifiable. But only if it is considered to
be a proportionate means of achieving a legitimate aim.
For someone to justify indirect discrimination, they would need to show
that there is a genuine business need for a policy that is a particular
disadvantage to a certain religion or belief, and that there is no
alternative to it.
These types of legally acceptable justifications apply only to indirect
religious discrimination, and not to direct religious discrimination.
Example A company requires its employees to work late on Friday
afternoons to analyse stock prices in the American stock market. This is
because global time changes mean that the prices arrive late in the day.
In the winter months, some staff want to leave early in order to
complete particular religious observances before nightfall. Employees
offer to make up the time during the rest of the week. But the company
cannot agree to this, as the American prices are vital to the business.
So the requirement to work on Friday afternoon is not against the law
What does the law say? In recent years, the British government has passed laws to protect
religious freedom. These laws include the: ●Employment Equality (Religion or Belief)
Regulations 2003 ●Racial and Religious Hatred Act 2006 ●Equality Act 2006 ●Human Rights Act 1998.
Part 2 of the Equality Act, which came into force on 30 April 2007,
deals with the prohibition of discrimination on grounds of religion or
belief when providing goods, facilities and services, education, using
or disposing of premises and exercising public functions.
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