Religious Discrimination

Since December 2003, it has been illegal for employers to discriminate on religious grounds.

The above sounds plain enough, but in fact is open to interpretation. For instance, what is the definition of "religion" and what exactly constitutes discrimination?

What is Religion?

This is not actually defined in the regulations, so it is left to tribunals to decide whether or not discrimination was on religious grounds.

Broadly, all the world's established religions will of course be included, but also some philosophical beliefs such as Humanism. However, the regulations specifically exclude political beliefs.

It should be noted that it is also illegal to discriminate against a person because they do not hold a particular faith — or, indeed, any faith at all.

What is Discrimination?

This is defined as treating someone unfairly on religious grounds. Again, it sounds plain enough but there may be pitfalls.

There are various kinds of discrimination:

Direct Discrimination

This could be refusing promotion or training, or giving adverse terms and conditions of employment, or dismissal.

Indirect Discrimination

This may occur when rules or working conditions not aimed specifically at the practitioners of a particular religion do inadvertently have the effect of discriminating against them, for instance dress codes may fall into this category.

Conversely, allowing special arrangements for employees holding particular religious beliefs (e.g. time off), may place burdens on other workers and constitute discrimination against those not holding the belief.

Harassment

This is defined as offensive or frightening behaviour, e.g. bullying or teasing.

It is important to note that the harassment need not come from the management — the employer is still liable if the harassment is by the victim's fellow-employees. The management not knowing about the behaviour is no defence — it is the employer's responsibility to discover whether harassment is occurring.

Employers are responsible for the behaviour of their staff not only towards other employees, but also to other people on the organisation's premises, e.g. a repair person.

The harassment need not be intentionally malicious — what fellow workers regard as good-humoured teasing may amount to harassment. What is important is how the victim feels about it.

Non-Employees

Not only current employees are covered by the regulations. It is illegal to refuse to appoint someone to a position on religious grounds, or to make the interview conditions disadvantageous to persons of particular faiths.

When the employment ends, the obligation not to discriminate persists, e.g. in the giving of references.

Article first published May 2005
Last reviewed August 2006