Chapter 2 - Some Definitions and Context
What is meant by "religion", "belief" and "non-belief"?
The Equality Act 2010 protects people from discrimination based on a range of protected
characteristics. Religion, philosophical belief and non-belief are included in this. However,
discrimination can also occur due to cultural or religious misunderstanding, or failing to take these
issues into account.
To have religious faith protection, a person must belong to a religion that has a clear structure and
belief system. Denominations or sects within a religion can be considered a protected religion or
religious faith, for instance Protestants and Catholics within Christianity.
To have belief or non-belief protection, a person must have a philosophical belief that is about a
weighty and substantial aspect of human life and behaviour (see below for more detail)1. There are
several test cases around which try to decide what constitutes a protected philosophical belief and
what is not (e.g. a purely political belief). Several of these are explained in Chapter 9 Case Studies
and Case Law.
It is not necessary for anyone to believe in the existence of a supreme deity for protection to apply.
The Equality Act entitles individuals to practise their religion or belief, express their views and get
on with their day-to-day life without experiencing threats or discrimination, except where this affects
the rights of someone else.2
It will often be challenging to distinguish between religious faith or other protected beliefs
(protected) and cultural beliefs and traditions (not necessarily protected). This guide will help you
with this, but it is often a difficult area to untangle.
What is covered in the Equality Act under “Religion and Belief”?

"Religion" must have a clear structure and belief system (such as Judaism, Islam).
Denominations within these religions also count (e.g. Baptist, Methodist). A lack of religion
or faith (e.g. atheist, agnostic or humanist) is also protected.

“Belief” is more difficult to define. According to the Equality and Human Rights Commission
a protected belief must:
o
o
o
o
Be a serious and genuinely held belief or philosophy (not an opinion or
viewpoint)about a weighty and substantial aspect of human life and behaviour
Have a level of cogency, seriousness, cohesion and importance
Be worthy of respect in a democratic society and be compatible with human dignity
Should not conflict with the fundamental rights of others
This means that believing in the racial superiority of one group, for example, would not count as a
belief as it is incompatible with human dignity. However, a committed environmentalist may qualify
for protection, as could a pacifist or a vegetarian.
1
2
https://www.gov.uk/government/uploads/.../vcs-religion-belief.pdf
http://www.equalityhumanrights.com/advice-and-guidance/your-rights/religion-and-belief/
What is the difference between a "belief" and an "opinion"?
Whereas philosophical beliefs are protected under the Equality Act, people's opinions are not. The
boundaries between "belief" and "opinion" can be quite fine, and ultimately it is up to the courts to
decide which is which (based on the definition above).
Example:
In McClintock v Department of Constitutional Affairs 2008, a belief that single-sex
couples should not adopt based on research into effects on children was
characterised as an opinion rather than a belief, and so was not permitted. It may
have been protected if it formed part of a specific Christian faith, although recent
experience from Catholic adoption agencies might suggest otherwise. (See
Chapter 9 for more details).
Political beliefs are also an area under discussion in the courts. The Employment Appeals Tribunal
has stated that while mere support of a political party would not qualify as a philosophical belief, a
belief in a political philosophy or doctrine might amount to one.
Example:
In Olivier v Department of Work and Pensions 2013, a Job Centre Advisor who
stood for election as a Labour councillor and had a strong belief in "democratic
socialism" was dismissed allegedly for publishing a letter in a newspaper criticising
the government's taxation and benefits policies (DWP's policy is that civil servants
should not engage in political activity). He was allowed to claim unfair dismissal on
the basis that he had been discriminated against due to his philosophical belief in
democratic socialism. (See Chapter 9 for more details).
This case is still on-going and may not succeed.
This guide will try to unpick some of the most common and contentious issues around this area of
the Equality Act. At all times it is worth bearing in mind that, as with other areas of the Act,
individual examples are still being tested in the courts, and there is not always a "correct" answer.
Even where issues appear to be similar, it is not always possible to draw general conclusions, as
different contexts can result in different decisions being made.