Chapter 7 - The Manager's Role
Note: A manager needs to be familiar with the information in the rest of this guide so that
they can adequately support staff and advise them on appropriate behaviour and action, so
this section should only be read in addition to the rest of the guide. By itself, it will not
provide sufficient information for managers.
It is the manager's responsibility to ensure that an inclusive atmosphere is created within a
centre. This might include things such as:
Compliance and procedures
 Improve advisers’ awareness of how to deal with discrimination and ensure that all
staff have regular training and opportunities to discuss issues and dilemmas related
to religion, belief and non-belief. Chapter 8 has lots of discussions, quizzes and
activities to help with that.
 Be as clear as possible on the limits of protection given by the Equality Act around
faith and belief, and be prepared to seek additional information to provide accurate
advice.
 Ensure that the organisation's Equality and Diversity policy and grievance procedure
are easily accessible and available to all staff, and that staff know where to go to
within the organisation for additional support.
 Make sure that both staff and customers are aware of opportunities to confidentially
feedback on any issues that are of concern to them, and have a procedure in place
so that you get to see comments and act on them.
 Challenge any inappropriate language or behaviour from either staff or customers,
and support members of staff who challenge these things.
 Being compliant with the Equalities Act means being aware of the religious faith and
(non) belief aspects of colleagues around:
o Harassment and workplace behaviours
o Time off for religious observance or prayer
o Dietary requirements and fasting
o Modesty and Dress
Positive diversity environment within the organisation
 Provide an inclusive environment that demonstrates a commitment to supporting
customers with religious faith or non-religious beliefs. This might include encouraging
those responsible for posters, leaflets and other visible information around the centre
to include positive images of diversity. Ensure that all materials used have been
looked at from the point of view of the (possibly unintentional) impact they may have
on customers and staff.
 Think about dietary requirements when planning refreshments for activities vegetarian options are often a good alternative to complicated rules around meat.
 Put aside a "quiet room" where possible for customers and staff to use as a prayer
room, or for quiet reflection. It is better that this space is not labelled as having a
religious function.
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Talk to advisers about dress requirements for work, including clothing, jewellery and
markings. Any dress code should take into account health and safety, the ability of a
worker to do their job, and the need for a professional appearance.
Try to avoid team building activities which include language, exchange of personal
information or physical contact which may be inappropriate for some beliefs
Flexibility
 Think about suitability of staff and customers, for example in allocating female
advisers to religious women who may feel uncomfortable being advised one-to-one
by a man
 Facilitate advisers to be flexible, for example in providing a range of interview times
to accommodate those who need time off for prayer.
 Try to avoid significant religious festivals (e.g. Ramadan) when planning team
activities
Do you know:
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Where you can find information on discrimination if you need to check something?
Where the Equality and Diversity policy for your service is?
How to access support in making reasonable adjustments?
What you should do if you witness discrimination?
What you should do if you are accused of discrimination?
What to do if you experience discrimination?
Recent changes to the law around third party harassment
Until October 2013, an employer was liable for the harassment of its employees by third
parties (such as customers) when (a) harassment had occurred on at least two previous
occasions, (b) the employer was aware that it had taken place, and (c) the employer had not
taken reasonable steps to prevent it happening again. This provision has now been
repealed by the Government, and now if an employer fails to prevent third party harassment,
an employee will now need to claim either direct discrimination or harassment.
However, any form of harassment at work, whether from third parties or colleagues, is not
acceptable and a manager's aim should be prevention, particularly given the risk of liability.
So, even though the provisions have been abolished, managers should ensure that:
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Their anti-harassment policy expresses zero tolerance
Third parties are informed that harassment will not be tolerated, for example, by
displaying public notices
Procedures are in place requiring all managers to intervene if they observe
harassment by third parties and requiring employees to report any such behaviour
Any complaint of harassment by a third party is promptly investigated and acted on.
Example:
A Muslim adviser suffers derogatory remarks from a customer about his
religion and makes a complaint to the manager. The manager is then obliged
to contact the customer, explain that the comments are unacceptable and
outline action that will be taken if it happens again. The manager should also
keep the adviser in the picture about what is happening.
What can managers do to support staff?
One problem with the Equalities Act is that it is still relatively new, and a lot of the
protected characteristics are still being tested in court. Several examples are given
in Chapter 8 and 9. This means that whereas it is possible to have a general
understanding of the issues and solutions, where there is conflict the answer given
by the courts is on a case-by-case basis, and does not necessarily apply to all
situations. Where possible, a flexible and common sense approach usually works,
but below are some of the situations that may arise, and some suggestions on how
to handle them.
Situation
What you can do
A Hindu adviser says
he does not want to
shake hands or work
with female
customers due to his
religious beliefs
According to the law, the adviser cannot refuse to help any
customer because of their own beliefs as this would discriminate
unlawfully against customers or service users. Equality and
Diversity principles are central to the work of the National Careers
Service, and are particularly important as Section 149 of the
Equality Act 2010 requires everyone delivering public contracts to
work to take positive action to "eliminate prohibited conduct,
advance equality of opportunity and foster good relations".
In addition, the principles of the Equality Act say that where
possible, no protection of one right should over-ride that protection
of another. In this case, to accede to the adviser's request would
mean discriminating against women.
In practical terms to ensure that the customer gets the best quality
advice, it may be better to assign female customers to other
advisers, while the issue is addressed with the adviser in question.
A Muslim adviser
requests time off on
Friday afternoons to
attend prayers
In this case there is a difference between what is required by the
Equality Act 2010, and what is good practice. There is no
requirement for employers to give practising individuals time off for
religious observance, but it would be good practice to try to
accommodate such requests where they are practical and there are
no good reasons to justify refusal.
Acceptable reasons for refusal might include:
 The cost, disruption and wider impact on business or work
 The negative impact on others (colleagues or customers),
including on those who have a different religion or belief, or
no religion or belief
Refusing such a request could be interpreted as indirect
discrimination, particularly if the reason given for refusal was
A Christian adviser is
leaving religious
pamphlets around
public areas of the
workplace and
encouraging coworkers and
customers to read
them
An adviser is heard
making Jewish jokes
to co-workers, none
of whom are Jewish
A female Muslim
adviser wants to wear
a Niqab to work, but
customers complain
that they cannot see
her face
An adviser requests a
space for a prayer
room at work, but
other advisers object
about this, saying it
discriminates against
those who have no
religion
An adviser suffers
derogatory remarks
from a customer
connected to their
perceived religion
An adviser has made
several complaints
something that could be adapted, such as a regular Friday team
meeting. Before making a decision, a manager should always
discuss what alternatives are available with the adviser.
In general this behaviour is not illegal, although it could be seen as
inappropriate particularly in a public sector environment. If it results
in other people feeling uncomfortable or pressured, then it could be
harassment. This is especially the case if the behaviour is coming
from someone perceived to be in a position of authority.
As good practice, any religious or anti-religious material should not
be permitted in the workplace, especially where there are a variety
of cultures and beliefs
Technically this is harassment, regardless of whether there was
anyone Jewish present to take offence. However, the test to
establish whether or not harassment has taken place will be partly
subjective and partly objective and needs to assess whether a
"reasonable" person would have taken offence. This means that an
overly sensitive employee who takes offence unreasonably at a
harmless and innocent comment will probably not have a valid claim
Whereas religious or philosophical beliefs are protected,
manifestations of that belief, including clothing, do not enjoy the
same degree of protection.
However, an employee who is forced to or prevented from wearing
clothing which offends their religion or belief could claim indirect
discrimination if the employer does not have a reasonable
justification for the rule. This would include health and safety, and
there are currently cases going through the courts about female
Muslim dress which prevents identification.
There is no specific requirement for any employer to provide prayer
facilities, although it is good practice to provide such facilities if
possible (provided it does not disrupt anyone's ability to do their
job). However, it is better to describe such rooms as "quiet rooms"
to avoid discriminating against those without a belief, and then they
can be used by anyone.
This is third party harassment and should not be tolerated as any
inaction amounts to a violation the employee’s dignity or contributes
to creating an intimidating, hostile, degrading, humiliating or
offensive environment for the adviser.
The manager should contact the customer, explain that the
comments are unacceptable and outline action that will be taken if it
happens again. The manager should also keep the adviser in the
picture about what is happening.
This is victimisation and is against the law.
You cannot take previous or pending complaints about religious
related to special
arrangements due to
her religion. When
she applies for a
supervisory post, the
manager is reluctant
to give her the job
due to the problems
she causes
An adviser complains
that special sessions
are arranged for
female customers in
an area with a large
Muslim population
An adviser asks for
support as he is trying
to talk to a religious
customer about the
impact their strong
beliefs may have on
their job prospects,
and the customer
takes offense
A female adviser
objects to being
asked to conform to a
dress code which she
feels is immodest
discrimination into account in this case. All employees must be
treated fairly and equally, and only their ability to do the job can be
taken into consideration.
When can you treat
an employee or
customer differently
because of their
religious or faith
beliefs?
There is a difference between less favourable treatment, and
different treatment. Treating someone less favourably due to their
religion, belief or perceived belief is illegal, such as not promoting
them when they have appropriate skills. However, treating
someone differently due to their religion, belief or perceived belief
may be protected or not depending on other legislation, and
1
Positive action is allowed where you provide support, training or
encouragement to people from a particular religious group in order
to tackle the under-representation of that group, without
discriminating against people outside of that group. This can also
be the case when the group has needs that are different to other
religious groups
It can often help when talking with a customer about a potentially
sensitive issue like religion and belief, to depersonalise the
discussion so that it becomes, for example, a discussion about
practicalities so that the customer does not feel that anyone is
making a judgement.
It can also be useful to know about case law (see Chapter 9) to give
examples, as this then is information, not opinion.
Protection under the Equality Act now includes not only practices
that are required by a particular religion or belief, but also anything
"motivated, influenced or inspired by religion or belief, and which is
sufficiently linked to the religion or belief will be protected,
regardless of whether it is a mandatory requirement of the religion or
belief"1.
Some religions require their female followers to dress particularly
modestly, so for example a dress code which requires a blouse to
be tucked inside a skirt may conflict with that requirement as it
accentuates body shape. However, if the individual is allowed to
wear the blouse over the outside of the skirt it may be quite
acceptable.
Previous court cases have upheld the right of the individual over
that of an official dress code, so long as reasonable discussions
have taken place over alternatives.
Religion or Belief in the Workplace: An Explanation of Recent European Court of Human Rights Judgments Updated March 2014
http://www.equalityhumanrights.com/advice-and-guidance/guidance-for-employers/religion-or-belief-new-guidance-february-2013/
whether the different treatment would have a negative impact on
people not of that religion or belief.
Examples, case studies and legal challenges are all described in Chapters 8 and 9.
Further information and advice is available from websites and organisations listed in
Chapter 11.