Updating author: Tina McKevitt

On this page:
Summary
Future developments
Practical example
Action point checklist
Key references
Questions and answers
Religion or belief and human rights
Meaning of religion or belief
Who is protected?
Territorial scope of the Regulations
Who is liable?
Discrimination after the working relationship has come to an end
Unlawful discrimination
Direct discrimination
Indirect discrimination
Harassment
Protection from Harassment Act 1997
Victimisation
Genuine occupational requirements
Positive action
National security
Sikhs and the wearing of safety helmets
Accommodating and respecting religious observance
Conflict of rights

Summary

6.670

• Public authorities that discriminate against employees on grounds of religion or belief could potentially face a free-standing claim under the Human Rights Act 1998. (See 6.672 Religion or belief and human rights)
• 'Religion' in the Employment Equality (Religion or Belief) Regulations 2003 means any religion, and 'belief' means any religious or philosophical belief. (See 6.673 Meaning of religion or belief)
• The definition of 'employee' for the purposes of protection against religion or belief discrimination is wider than that contained in other employment legislation. (See 6.674 Who is protected?)
• As well as being liable for its own actions, there are circumstances in which an employer will be liable for the acts of others. Under the wider provisions of the legislation, others who are not employers may find themselves liable. (See 6.676 Who is liable?)
• Some discrimination and harassment after employment ends will be unlawful where it arises out of and is closely connected to that employment relationship. (See 6.677 Discrimination after the working relationship has come to an end)
• Direct discrimination is where, on grounds of the religion or belief of person B or of any other person except person A, person A treats person B less favourably than person A treats or would treat other persons. The less favourable treatment can relate to a person's actual or perceived religion or belief, even where the perception is wrong. (See 6.679 Direct discrimination)
• Indirect discrimination is where person A applies to person B, to B's disadvantage, a provision, criterion or practice that A applies or would apply equally to persons not of the same religion or belief as B, but which puts persons of the same religion or belief as B at a particular disadvantage when compared to other persons and which A cannot show to be a proportionate means of achieving a legitimate aim. (See 6.680 Indirect discrimination)
• Harassment is where, on the grounds of religion or belief, person A engages in conduct that has the purpose of violating person B's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for him or her, or is reasonably considered by B to have this effect even where it was not intended. (See 6.681 Harassment)
• Victimisation is where someone is treated less favourably than others are or would be by reason that he or she has done, is intending to do, or is suspected of intending to do a 'protected act'. (See 6.683 Victimisation)
• Employers may in certain circumstances lawfully restrict a job to people of a particular religion or belief. (See 6.684 Genuine occupational requirements)
• Employers may in certain circumstances lawfully discriminate in training to fit people of a particular religion or belief for particular work or encouraging them to take advantage of opportunities for doing particular work. (See 6.685 Positive action)
• There is an exception from unlawful religion or belief discrimination in relation to acts done for the purpose of safeguarding national security. (See 6.686 National security)
• Adaptations to various aspects of working life may be required to accommodate religious observance. (See 6.688 Accommodating and respecting religious observance)
• The Employment Equality (Religion or Belief) Regulations 2003 provide no defence to unlawful discrimination on other grounds motivated by religion or belief. (See 6.689 Conflict of rights)

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Future developments

6.671 Equality Bill: Existing discrimination legislation is to be consolidated into a single Equality Act in order to provide a simpler, more consistent legal framework for preventing discrimination.