Guidance on Religion or Belief for Staff

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Guidance on Religion or Belief for Staff
Contents
1. Context .................................................................................................... 2
2. Status and Eligibility .................................................................................. 2
3. What is covered by the term ‘Religion’? .................................................... 3
4. What is covered by the term ‘Belief’?........................................................ 3
5. Protections in Law .................................................................................... 3
6. Religious Holidays .................................................................................... 4
7. Religious Observance and Prayer ............................................................ 4
8. Fasting ...................................................................................................... 5
9. Dietary Requirements ............................................................................... 5
10.
Religious Dress ..................................................................................... 6
11.
Managing Workplace Relationships ...................................................... 6
12.
Bullying and Harassment....................................................................... 7
14.
Chaplaincy ............................................................................................ 7
13.
Permanent Premises provided by the University ................................... 8
14.
Additional Sources of Information and Guidance within the University .. 8
15.
External Sources of Information and Guidance ..................................... 8
16.
Reference .............................................................................................. 9
1. Context
‘The University of Cambridge is committed in its pursuit of academic excellence to
equality of opportunity and to a pro-active and inclusive approach to equality, which
supports and encourages all under-represented groups, promotes an inclusive
culture, and values diversity.’
Equal Opportunities Policy (2011) 1
The University is an international environment with over 130 nationalities in the staff
profile.2 Alongside increasing religious diversity, a growing secular population and
recognition of individual beliefs in UK case law, managers and staff may find that
information and guidance on religious practice and beliefs could support
understanding in the workplace and help to navigate issues which may arise.
In developing the Guidance on Religion or Belief, information from specialist external
organisations, including the Equality Challenge Unit, was researched. In addition,
views from different stakeholders from within the University were sought. These
included the Chaplain to University Staff, the HR School Teams, the Senior Tutor
representative of the University’s E&D Consultative Forum, the University’s Equality
Champions, the Chaplaincy Development Group, the Equality Champions and the
Legal Services Office.
2. Status and Eligibility
This Guidance provides information on good practice to support staff and institutions
in implementing the University’s Equal Opportunity Policy in relation to Religion or
Belief. This Guidance is not University policy, does not form part of employees'
terms and conditions of employment, and may be subject to change. It is not
intended to remove any current protections afforded to employees under their
contracts of employment or under existing legislation or other local arrangements
agreed by the University and trades unions.
The purpose of this Guidance is to assist in the understanding of:
 The University’s responsibilities in relation to the protected characteristic of
Religion or Belief;
 The support and services available to members of the University community;
 The issues that may affect members of staff who practice a religion(s) or hold
beliefs that may impact on their work, and
 The information available about different religions and details of relevant groups
and organisations, both within the University and beyond.
1
2
www.admin.cam.ac.uk/offices/hr/policy/equal.html
Based on CHRIS data in 2012
3. What is covered by the term ‘Religion’?
Religion or Belief is one of the protected characteristics contained in Section 4 of the
Equality Act 2010.3
Religions are not specifically defined in the Act and the list of formally recognised
religions will develop over time with case law. Those religions currently included in
the UK Census are Buddhism, Christianity, Hinduism, Islam, Judaism and Sikhism.
Other religions include Bahá’í, Rastafari, Taoism and Zoroastrianism.
Some major religions are sub-divided into denominations, such as Anglican, Roman
Catholic, Orthodox, Sunni and Shia. These denominations are treated as religions in
the application of the provisions of the Equality Act.
It should be noted that legal protections equally apply to individuals who do not have
or follow a religion.
4. What is covered by the term ‘Belief’?
Individuals holding some philosophical beliefs may be protected by the provisions of
the Equality Act 2010.
However, in order to qualify for those protections, the courts have developed criteria
to assess whether a specific belief can qualify. This is a complex and developing
area of law. The most important case at the time of writing was Nicholson Vs.
Grainger PLC4 which suggests that for a philosophical belief to be afforded
protection it must:
 Be genuinely held
 Be a belief and not an opinion or viewpoint based on the present state of
information available
 Be a belief as to a weighty and substantial aspect of human life and behaviour
 Attain a certain level of cogency, seriousness, cohesion and importance
 Be worthy of respect in a democratic society and not incompatible with human
dignity and/or conflict with the fundamental rights of others
Examples of beliefs which have met the tests of the court in case law include climate
change and animal rights (anti-fox hunting). Examples of beliefs that have not
satisfied this legal test include Jedi or party political affiliation.
5. Protections in Law
The Equality Act 2010 provides protection against unlawful direct discrimination,
indirect discrimination, harassment and victimisation of staff, students or visitors on
the grounds of religion or belief. These protections apply to employment, education
(including higher education) and the provision of goods and services. Protection
3
4
www.legislation.gov.uk/ukpga/2010/15/contents
http://www.bailii.org/uk/cases/UKEAT/2009/0219_09_0311.html
from unlawful direct and indirect discrimination, harassment and victimisation is
available to all individuals.
The University, as a public authority, also has public equalities duties in relation to
religion or belief.
6. Religious Holidays
Managers should be aware that members of staff may make requests for leave in
order to observe religious festivals and holy days. Mindful of the Needs of Others,5
the University’s annual calendar of religious and diversity dates details the festivals
and periods of fasting for the six religions reflected in the UK Census.
Managers can opt to consider altering working arrangements in order to enable staff
to participate in religious festivals. Such alterations may include approving annual
leave or unpaid leave, and/or flexible working arrangements.
Members of staff should inform managers of potential leave dates sufficiently in
advance to prevent disruption and support the continuity of operations.
It should be noted that the dates of some religious festivals are only approximate as
they are based on the lunar calendar; they may change from year to year, or
according to different doctrines, local customs or pronouncements. An example of
when an exact date may not be known in advance is the Muslim festival of Eid.
Although the approximate date is known months in advance, the specific date on
which the festival is observed will depend on the sighting of the moon and the
practice of the particular member of staff’s community. This could mean that
individuals may only find out the actual date of the festival on the evening before the
day when it is to occur. While it may not be normal practice to allow leave at such
short notice, members of staff could give an indication that they wish to take one of
the possible two or three dates off work to allow for both flexibility and operational
continuity.
7. Religious Observance and Prayer
Many religions have holy days in the week where spiritual or religious observance is
expected. For Western Christians, such as Anglicans, this may not be a significant
issue that impacts on the workplace, as weekends and public holidays generally
reflect the practices of these faith groups. However, issues may arise in some
situations if, for example, a member of staff is required to work on Sundays.
Similarly, for many other religious groups, the working week may conflict or overlap
with prayer or religious observance requirements. For example, observant Jews
may wish to leave work early on Fridays in order to avoid travelling by car or public
transport, cooking, phoning or writing after sunset, which is the start of their Sabbath.
5
www.admin.cam.ac.uk/offices/hr/equality/documents/calendar_2012-13.pdf
Similarly, practising Muslims may wish to attend collective Friday prayers and may
request an extended lunch break in order to do so.
When seeking to fill a staff vacancy, if it would be essential to operate a rota or work
on Sunday (or any other specific day), this information should be included in the
further particulars for a role. Where there is scope for flexibility, the capacity to
accommodate the different needs of staff will depend on the nature of any request
and the operational needs of the role.
8. Fasting
Fasting is the abstinence from all or some specific foods. Many religions observe
periods of fasting as part of its practice. For example, observant Eastern Orthodox
Christians fast several times throughout the year including Great Lent, the Nativity
Fast and the Dormition Fast. Similarly, some Hindus or Sikhs may observe a fast or
special diet on specific days of the week throughout the year or on specific holy
days.
For Muslims, an absolute fast is observed in daylight hours during the month of
Ramadan. Specific timings to start or break the fast are followed: for example,
Suhoor is a meal that is taken during the night before the fasting period begins at
dawn; likewise Iftar is the meal to break the fast after sunset. The Department of
Health provides a guide on healthy living and Ramadan.6
The impact of fasting may vary between individuals and the number of people
involved. As fasting may disrupt regular sleeping or eating patterns, members of
staff may request modification to their start or end times. Such requests for flexible
working patterns should be considered using the relevant University policy and/or at
the discretion of the manager.
More information on fasting dates can be found in the Mindful of the Needs of Others
publication on the traditions and customs of a particular religion, by accessing the
Religion/Belief web pages of the E&D Section.7
9. Dietary Requirements
Some religions have dietary laws which proscribe certain foods, or the mixing of
foods. For example, certain meats may be forbidden, such as pork (Jewish or
Muslim) or beef (Hindu), or meat which has not been prepared according to religious
ritual and law, such as Kosher (Jewish) or Halal (Muslim).
Separate cutlery and utensils may be required to ensure that milk and meat are not
eaten together; or Halal meat is not stored or cooked with non-Halal meat; or kosher
food stored or cooked with non-kosher food. For clarity and to avoid
6
www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_078409
7 www.admin.cam.ac.uk/offices/hr/equality/characteristics/belief/#introduction
misunderstandings, it is advisable to find out the specific requirements of members
of staff and to assess how these, where practicable, can be accommodated.
In planning and organising work events or social activities, managers should be
mindful of colleagues’ faith-based restrictions in order to minimise potential conflicts
between a member of staff's religious beliefs and their ability to engage in work
social activities. This may mean providing non-alcoholic or vegetarian options or
alternating the venues for work events so that they are sometimes held, for example,
in places where alcohol is not served.
What is an appropriate and proportionate response will depend on a number of
factors, including the specific needs of individuals with restrictions, the number of
staff affected, the availability of alternatives, the type of event (whether it is a social
or work event) or whether attendance is expected as part of the members’ role. It is
recognised that it may not always be possible to accommodate or adjust to meet the
needs of every member of staff.
10. Religious Dress
Some religions require members to follow specific dress codes, or to wear their hair
in a certain way or wear a head covering, such as a turban (Sikh head dress), hijab
(Muslim head dress for women) or yarmulke (Jewish skull cap). In most cases, these
should not conflict with any office dress code, uniform or health and safety policy, but
sensitivity and flexibility should be shown and efforts made to accommodate the
wearing of religious dress in a safe manner. In the University, special dress
requirements may be expected in certain areas, such as in some clinical or
educational environments. The case of Eweida,8 highlights the importance of
proportion and balance in dealing with issues of religious dress.
However, health and safety provisions take precedence and where safety
requirements necessitate the removal or wearing of specific clothes, members of
staff may need to comply. The Health and Safety Office can be contacted for
guidance in relation to health and safety issues.
11. Managing Workplace Relationships
The University brings together people from across the world with different religions or
beliefs (including no religion), adding to the richness of the University community.
The University provides support to foster an inclusive culture, including:
 The provision of relevant Equality and Diversity training, which highlights the
University’s expectations in relation to staff behaviours in the workplace
8
Case of Eweida and Others Vs. the United Kingdom concerns the wearing of a crucifix by a British
Airways employee. The judgement of the case was made by the European Court of Human Rights
http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-115881


Increasing understanding of different communities by sharing information, such
as the Mindful of the Needs of Others calendar
Publicising information on the Face to Faith9 series of discussions, which
consider topics relevant to religion or belief in the workplace
However, there may be instances where individuals or situations arise where conflict
or discord can pose a threat to effective working relationships. If this happens, it can
be beneficial to:
 Highlight the value of the diversity in teams and the contribution this can make in
supporting work undertaken
 Establish clear standards of acceptable behaviour by challenging comments and
actions which exclude or alienate an individual or group
 Access the support of the HR Schools Team
12. Bullying and Harassment
The University is committed to protecting the dignity of all its staff, students and
visitors.
Bullying, harassment and discrimination may involve verbal or physical abuse. This
could include the use of inappropriate language, references to an individual’s religion
(or lack of one), ignoring someone or treating them adversely because of their
religion or belief.
Within the University, support for dealing with Bullying and Harassment is available
through the Dignity at Work contacts (for members of staff), the Mediation Service
and the HR Schools Team (for staff).
Additionally, CHESS, a Cambridge hate crime reporting service, provides information
and support to people experiencing harassment outside the workplace.
14. Chaplaincy
Chaplaincy is the provision of pastoral (spiritual) support for staff. College-based
chaplaincy has been the traditional form of faith-based support within the University
which, for historical reasons, has been predominantly Anglican. With the advent of
other significant minority faith groups within the University, additional models of
chaplaincy have developed wherein denominations, agencies and University
societies nominate chaplains who may be academics, local or visiting clerics or laity,
on either a stipendiary or voluntary basis.
Since 2009, the Chaplain to University Staff has worked in formal partnership with
the University’s Equality & Diversity Section and has forged links with the other
University chaplaincies and faith communities across the city of Cambridge. This has
led to increased collaboration in activities such as the Festival of Ideas and the Faceto-Faith discussion series.
9
www.admin.cam.ac.uk/offices/hr/equality/characteristics/belief/#introduction
13. Permanent Premises provided by the University
Merton Hall Farmhouse
Merton Hall Farmhouse is home to the Multi-Faith Chaplaincy Centre provided by the
University, and co-ordinated by the Chaplain to University Staff. It is situated on the
West Cambridge site, on the corner of J. J. Thompson Avenue and Madingley Road.
Cambridge, CB3 0FD. Telephone/Answerphone: 01223-(7)61271.
The centre is available for use by chaplains, small groups and individuals. One room
is designated for Jamaat (group prayer) in the Islamic tradition.
To book or arrange access, contact chaplain@gsm.cam.ac.uk
For more information on the facilities at Merton Hall Farmhouse visit
www.gsm.cam.ac.uk/chaplaincy/merton-hall-farmhouse/
Sidgwick Site Prayer Room
There is a prayer room on the Sidgwick Site in Lecture Block A, which is designated
for use by the University Islamic Society (ISoc). Jamaat is held five times daily.
Additional prayer rooms have been set aside within a number of other University
buildings.
14. Additional Sources of Information and Guidance
within the University
The Directory of the University’s Religious Societies, Permanent Premises and
Chaplaincies contains information on different faith communities. It also provides
information on local community links, places of worship and their engagement in
University activities relating to religion and belief.
Other sources of information and guidance include:
 the Equality and Diversity Section
 the Chaplain to University Staff
 HR School Teams
 Dignity@Work contacts
 the Mediation Service
 the Health and Safety Office
 Trade Unions
15. External Sources of Information and Guidance
Religion or belief in the workplace: A guide for employers following recent European
Court of Human Rights judgments’
www.equalityhumanrights.com/uploaded_files/RoB/religion_or_belief_in_the_workpl
ace_a_guide_for_employers.pdf
ACAS Guide to Religion or Belief and the Workplace:
www.acas.org.uk/CHttpHandler.ashx?id=107&p=0
The Department of Health provides a guide on healthy living and Ramadan which
may be found at:
www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuid
ance/DH_078409
Religion and belief in higher education: the experiences of staff and students:
www.admin.cam.ac.uk/offices/hr/equality/documents/ecu_belief.pdf
Religious Literacy Leadership in Higher Education: http://religiousliteracyhe.org/wpcontent/uploads/2010/11/RLLP-Case-Studies.pdf
16. Reference
Version
RBG v1.0
Summary of amendment
Updated Guidance
Date
18 January 2013
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