Implementing the Law on Religion, Faith and Belief
A practical guide
Contents
Page
Introduction
2
1.
Legal Framework
2
2.
Valuing Religious Diversity
7
3.
Data Collection & Monitoring
8
4.
Assessing Policies & Functions
9
5.
Action Planning
10
6.
Religion, Faith & Belief and Employment
11
7.
Burials and Cremation Practices
12
8.
Some major world religions and belief systems
12
9.
Appendix 1
Appendix 2
22
31
- Frequently asked questions
- Recent U.K. case law covering
Faith, religion & belief
Introduction
We live in a society with an ever widening and diverse mix of religions and
beliefs, which organisations need to, take into account when developing both
services to the public and employment policies. Even within established religions
there are various branches and regional and sectional variants with different
traditions of interpretation, rituals and practices, moral guidelines and laws.
There are also levels of personal compliance ranging from nominal to strict
observance. Additionally, many people hold strong views about not having
personal religious belief.
It is critically important to raise awareness amongst council staff of the need to
take religion or belief into account when dealing with service users and
colleagues, and this guidance document should aid all employees in
understanding the importance of religious identity or belief and in appreciating
how this has the potential to interact with and impact on delivery of services.
There is a need to be very aware of religious stereotyping and to be mindful
that there can be individual differences within groups. Finally this guide is
aimed at understanding and respecting that difference and ensuring that that in
our employment and service delivery practices that difference does not
translate into disadvantage for anyone.
1.
Legal Framework
1.1
Legal protection on religious grounds in the UK
Over recent years in the UK, levels of awareness of different religions and beliefs
have grown – and, in the main, equitable treatment of individuals and inter-faith
relations have improved. But, in spite of this, discrimination on the grounds of
religion or belief, religious intolerance and prejudice still exist in certain areas.
Until December 2003, legal protection against discrimination on grounds of
religion or belief was confined to those from particular faiths who were covered
by virtue of their ethnicity, as in the case of Sikhism and Judaism. A certain
degree of protection was afforded to other religious and nonreligious
communities by Article 9 of the European Convention on Human Rights, as
given effect by the Human Rights Act 1998, but this was very limited.
1.2
Human rights and religion or belief
According to Article 9 (Freedom of thought, conscience and religion) of the
European Convention on Human Rights (ECHR) as given effect by the Human
Rights Act 1998, a person is free to hold a broad range of views, beliefs and
2
thoughts, and to follow a religious faith. The right to manifest one’s religion or
beliefs may be limited in specified circumstances.
Article 9 falls within the group of ECHR rights known as ‘qualified rights’. These
are rights that require a balance between the rights of the individual and the
needs of the wider community or state interest.
Interference with Article 9 is allowed if there is a clear legal basis for the
interference with the qualified right, i.e. if the interference has a legitimate aim
as necessary in a democratic society. This means that the action or
interference must be in response to “a pressing social need” and must be no
greater than that necessary to address the social need. Thus the principle of
proportionality applies such that any interference must be proportionate to the
aim being pursued.
Legitimate aims may be in aid of:
 public safety
 the protection of public order, health or morals
 the protection of the rights and freedom of others.
For example, possible areas for challenge could include:
 abortion advice
 access to religious leaders as part of the care of terminally ill or dying
patients
 anesthesia and Jehovah’s Witnesses
 blood transfusion
 circumcision
 contraception advice
 cutting hair
 examination of members of the opposite sex
 facilities for worship or culturally appropriate food
 female genital mutilation
It should be noted that recent case law makes it quite clear that one person’s
human rights cannot be used to supplant those of another.
1.3
The European Council Directive of 2000 establishing a general
framework for equal treatment in employment and occupation came into force in
the UK in December 2003 through the Employment Equality (Religion or Belief)
Regulations. These regulations make it unlawful to discriminate against people
on the grounds of their religion or belief. The regulations apply to vocational
training and all aspects of employment including recruitment, terms and
conditions, promotions, transfers, dismissals and training.
Since 2003, two more pieces of legislation have been introduced, as outlined
below:
3
1.4
Part 2 of the Equality Act 2006
(Discrimination on the Grounds of Religion or Belief) came into force on 30 April
2007. The Act defines ‘religion’ as “any religion”, and ‘belief’ as “any religion or
religious or philosophical belief” as opposed to “any religion, religious belief or
similar philosophical belief” as defined in the original Act. Reference to ‘religion’
or ‘belief’ in this context also refers to lack of religion or lack of belief.
Part 2 also makes it unlawful to discriminate in the area of goods, facilities and
services on the grounds of religion or belief. The exercise of any public function
by a public authority must be free from discrimination on grounds of religion or
belief. This includes the provision of goods, facilities and services by a person
exercising a public function.
1.5
The Racial and Religious Hatred Act 2006 - came into force on 1 October
2007 as an amendment to the Public Order Act 1986. It gives protection to
people against hatred because of their religious beliefs or lack of religious beliefs,
and prohibits the stirring up of hatred against persons on racial or religious
grounds.
Whilst the legislation aims to protect people against discrimination on the
grounds of their religion or belief (or lack of religion or belief), it should be
remembered that, conversely, the law does not entitle people to apply such
beliefs in a way which impinges upon other people – even if they claim that their
religion or belief requires them to act in this way. The legislation is not intended
to hinder people in the expression of their own religion or belief, but everyone
has the right to be treated with respect whatever their views or beliefs and
nobody should try to harass others because they do not agree with certain
religious convictions.
1.6
Definition of Religion and belief in law
Religion or belief is defined as being any religion, religious belief or similar
philosophical belief. This does not include any philosophical or political belief
unless it is similar to religious belief. It will be for employment tribunals and
courts to decide whether particular circumstances are covered by the regulations.
A number of factors apply when deciding what is a 'religion or belief'. For
example collective worship, a clear belief system or a profound belief affecting a
way of life or view of the world. The definition is deliberately not precise and
some interesting cases should eventually clarify what does and does not count
as a religion or similar belief. Vegans may or may not be covered. Political
beliefs are expressly excluded. A theoretical dilemma could be presented by
black magic which involves collective worship, a clear belief system, a profound
belief affecting a way of life or view of the world. There is no guidance as to
whether this constitutes a belief system which was intended to be similar to a
religious belief.
4
We should be aware that the regulations on religion or belief extend beyond the
more well known religions and faiths to include beliefs such as Paganism,
Humanism, Atheism, Shamanism, Scientology etc. The regulations also cover
those without religious or similar beliefs. With the exception of atheism, most
religions have in common the teaching of a particular way of life in relation to
power(s) or being(s) that are taken to remain outside the laws of nature – even
where they exist within nature, as some religions hold. ‘Way of life’ includes the
teaching of what is considered the right attitude towards life and human
relationships. Often such attitudes are expressed in rites, social and cultural
customs and liturgical traditions, which can therefore play an important role in the
life of the individual believer.
1.7
What the Law Covers
The forms of discrimination that are unlawful under the regulations are:
Direct discrimination: treating workers or job applicants less favourably than
others because they follow, or are perceived to follow, a particular religion or
belief. The regulations also extend to cover discrimination based on a person’s
association with someone of a particular religion or belief.
Indirect discrimination: applying policies or practices that – although applied to all
employees – could disadvantage people of a particular religion or belief. These
policies or practices are unlawful unless the organisation can justify implementing
them because of a legitimate business need.
Harassment: behaviour that is offensive, frightening or in any way distressing
related to a person’s religion or belief. It also includes comments or behaviour
aimed at the religion or belief of those with whom the person associates.
Harassment can include violation of a person’s dignity, or creating an
intimidating, hostile, degrading or offensive environment. It can also include
preventing someone from declaring their religion or their lack of belief in religion.
Victimisation: treating someone less favorably because they have made or intend
to make a complaint or allegation, or have given or intend to give evidence in
relation to a complaint of discrimination on the grounds of religion or belief.
Instructing or causing discrimination: instructing or otherwise causing another
person to discriminate in a way that is unlawful.
1.8
Genuine Occupational Requirements (GOR) – Guidance
The regulations allow an employer, when recruiting for a post, to treat job
applicants differently on the grounds of religion or belief, if possessing a
particular religion or belief is a genuine and determining (i.e. decisive)
occupational requirement (“GOR”) for that post. You should bear in
mind the following points:
5
 GORs should be identified at the beginning of the recruitment, training
or promotion process, before the vacancy is advertised.
Advertisements and material sent to potential applicants should clearly
show that the employer considers that a GOR applies and the point
should be reiterated during the selection process.
Reminder: Applicants who do not agree that there is a GOR for the post
holder are at liberty to make a claim to an Employment Tribunal because
they believe they have been prevented from applying for the post on the
grounds of religion or belief. It would be for the employer to show that
such a GOR is justified.
 If an employer wishes to claim a GORs/he must consider what the
duties are, for which an exemption is to be claimed; a GOR cannot be
claimed unless some or all of those duties, or the totality of the role,
are covered by a specific exemption and an assessment has been
made showing that it would be unreasonable to require other
employees of the appropriate religion or belief to undertake those
duties. Also it must be shown that those duties must be carried out to
achieve the objectives of the job.
 In an organisation a GOR exemption cannot be claimed in relation to
particular duties if the employer already has sufficient employees who
are capable of carrying out the required duties and whom it would
be reasonable to employ on those duties without undue
inconvenience.
APPENDIX 1 35
 Where the organisation has a religious ethos, a GOR exemption
cannot be claimed if the nature of the role and the context within
which it is carried out is not of sufficient profile or impact within the
organisation to affect the overall ethos of the organisation.
 Each job for which a GOR may apply must be considered individually;
it should not be assumed that because a GOR exists for one job it
also exists for jobs of a similar nature or in a similar location. The
nature or extent of the relevant duties may be different or, for instance,
there may be other employees who could undertake those duties.
 A GOR can be claimed where it is necessary for the relevant duties to
be carried out by someone of a specific religion or belief because
being of that religion or belief is an essential requirement for the job,
for example in the Islamic faith a halal butcher must be Muslim.
 A GOR must be reassessed on each occasion a post becomes vacant
to ensure that it can still be validly claimed. Circumstances may have
changed, rendering the GOR inapplicable.
6
 A GOR cannot be used to establish or maintain a balance or quota of
employees of a particular religion or belief.
 GORs are always open to challenge by an individual. The burden of
proof lies with the employer to establish the validity of a GOR by
providing evidence to substantiate a claim.
 Only an Employment Tribunal or a higher court can give an
authoritative ruling as to whether or not a GOR is valid.
The following legislation remains extant:
• School Standards and Framework Act 1998
• The Amendments to the School Standards and Framework Act 2003
• The Education (Scotland) Act 1980.
2.
Valuing religious diversity
A diverse workforce with staff from a range of religions or beliefs should be highly
valued for the personal knowledge, expertise and sensitivity they can bring to the
planning and delivery of services to our multi-cultural and multi-faith society.
Staff who are respected and recognised for the contribution they make will be
highly motivated, conscientious and more likely to stay within the organisation.
An organisation that has robust and transparent equality policies, with
appropriate grievance and disciplinary procedures for those who breach the
policies, will be more likely to retain a confident workforce who is secure in the
knowledge that they will not suffer discrimination without challenge or redress. All
staff should be made aware of these policies, and of the consequences of not
following them, as soon as possible after they start work. The message should
be reinforced throughout the working life cycle, for example at yearly appraisals
and on training days/seminars. All staff should be made aware of what
constitutes harassment and of the penalties, i.e. that they could be held
personally liable and may have to pay compensation in addition to anything the
organisation may have to pay if the issue goes to tribunal or other legal action.
All staff should also be made aware of the procedures to be followed if they
feel that they have been discriminated against, harassed or victimised. They
should feel confident that their complaint will be dealt with in confidence,
treated seriously and, importantly, acted upon.
7
Monitoring and Recordkeeping Gathering information on staff
3.
Data collection and Monitoring
The Council had for many years monitored the three strands of race, disability
and gender. More recently three other strands have been added i.e. age, religion
/faith and sexual orientation. Monitoring relies on a system of self classification
and currently the monitoring categories used to monitor religion and belief
include: Buddhist, Christian, Hindu, Jewish, Muslim, Sikh and Other
Data based on the 1991 census indicated the following distribution of religious
minorities in Luton when compared to the national picture at that time.
Religion
Luton % National %
Christian
59.6% 71.7%
Muslim
14.6% 3.0%
Hindu
2.7%
1.1%
Sikh
0.8%
0.6%
Jewish
0.3%
0.5%
Buddhist
0.2%
0.3%
Other
0.3%
0.3%
No religion
14.1% 14.8%
Religion not stated 7.2%
7.7%
8
2001 – Census and 2006 Estimates of Population by Ethnicity in Luton
Detailed Ethnic Group
2001 Census
2006 Estimates
(pop= 184,371) (pop= 186,800)
White: British
65.0%
60.3%
White: Irish
4.6%
3.7%
Other: White
2.3%
2.9%
Mixed: White and Black Caribbean
1.3%
1.3%
Mixed: White and Black African
0.2%
0.3%
Mixed: White and Asian
0.6%
0.7%
Other Mixed
0.5%
0.6%
Asian or Asian British: Indian
4.1%
4.3%
Asian or Asian British: Pakistani
9.2%
10.1%
Asian or Asian British: Bangladeshi 4.1%
4.4%
Other Asian
0.8%
0.9%
Black or Black British: Caribbean
4.2%
4.2%
Black or Black British: African
1.7%
3.6%
Other Black
0.4%
0.5%
Chinese
0.6%
1.6%
Other Ethnic Group
0.3%
0.7%
Source: 2001 Census © Crown Copyright, 2006 mid year Populations, ONS, ©
Crown Copyright.
In terms of Luton’s local population as can be seen from the table above
population projections for 2006 were already showing significant reductions to
the ‘white British ‘and ‘White Irish’ categories with corresponding increases,
particularly in the Pakistani, Bangladeshi and African numbers. Three years on,
the considered view of the Luton Research and Intelligence Team is that even
the 2006 estimates are likely to prove a gross underestimate especially if East
European migrant numbers are included. Hence the true numbers of BME
communities settled in Luton is expected to significantly surpass current
estimates. The next census is due to take place in 2011.
4.
Assessing policies and functions
There is no legislative requirement at present for organisations to conduct
equality impact assessments specifically on their policies and practices in
relation to religion or belief. However, it is agreed best practice to equality
impact assess on the grounds of religion or belief, and it makes sound business
9
sense to incorporate this into a broader equality impact assessment which
includes all the equality strands as part of a single equality scheme approach.
Not to do so may result in a failure to identify the need to incorporate specific
actions relating to religion or belief when introducing changes in processes
and/or clinical practice or procedures, which could have unexpected negative
impacts on planned outcomes and take-up elsewhere in the organisation. Such
impact could for example include some staff being unable to attend development
weekends, some women feeling unable to use or access a particular service that
is predominantly staffed by men, or even Islamic men not taking up services
provided on Friday afternoons.
Gathering information, consulting and assessing the results as described can
give a good indication of how policies are affecting and are likely to affect the
main beneficiaries for whom their different religions or beliefs may be significant.
Therefore, when developing new policies it is important to consider how to
include religion or belief (where it is practical to do so) in existing equality impact
assessment procedures used for the other equality strands.
5.
Action planning
Issues regarding religion or belief that need to be addressed can be integrated
into existing action plans for single equality schemes. Objectives, outcomes and
timescales should be clearly indicated to make it easier to track progress.
Worksheets 1 and 2 in Section Five contain an action planning framework and a
sample action plan.
Monitoring actions:
Although there is no legislative requirement as yet to monitor on the basis of
religion or belief, it is considered good practice for the Council when monitoring
existing equality scheme action plans to also monitor for impact on religion or
belief. Existing auditing processes, such as disciplinary and grievance
management policies for staff can be used to monitor key religion or belief issues
in the workforce. Similarly, mechanisms set up for monitoring actions on race,
disability and gender can also be used or modified for religion or belief.
It is good practice for all departments to collect information on the make-up of
staff from different religions or beliefs. This enables the organisation to monitor
and equality impact assess policies to make sure that they are working, and to
ensure that recruitment and training policies are reflecting the make-up of the
local community and the workforce. Analysis of harassment and disciplinary and
grievance records can identify whether staff from a particular religion or belief are
being affected disproportionately, and can measure usage of the procedures.
The information can also be used to monitor whether there are disproportionate
numbers of staff from specific religions or beliefs leaving the organization; if so,
steps can be taken to understand why, ensuring that where this is due to
discriminatory practices or barriers the necessary steps are taken to remedy the
10
situation. Information on the religion or belief of staff can also help managers and
team leaders to plan for when staff may need time off for major religious festivals
or other religious purposes.
As with all equality monitoring, staff should be made aware of why the
information is required and how it will be used. Staff should also be assured of
confidentiality and anonymity, and told that they are not obliged to give such
information if they do not wish to do so. Explaining that the information will be
used to benefit those from different religions or beliefs may help to reassure staff
and encourage them to participate. Staff surveys and network groups can also
provide vital information as to whether there are issues in respect of religion or
belief that need to be addressed. The Data Protection Act 1998 covers
information gathered on religion or belief. Details can be found at
www.ico.gov.uk/what_we_cover/data_ protection.aspx
Employment issues and service delivery issues go hand in hand, because they
impact on each other. A workforce that is respected and valued will in turn be
more likely to show respect and understanding in the provision of services to the
public. The Council could not operate without the dedication, knowledge and
skills of its workforce and 70% of our financial resources are invested in areas
such as salaries, recruitment, workplace development, training and retention
.
6.
Religion, Faith, Belief and Employment
Employment policies can often impact on religious and other beliefs and
practices, and therefore policies should be reviewed to take account of this.
Flexibilities around time allowed and facilities provided for prayers and ablutions
are also important, as are religious observances such as observance of the
Sabbath in Judaism, and sensitivity and understanding during fasting. It is, of
course, also important to ensure that these flexibilities are not at the expense or
disadvantage of those with different or no religious beliefs. Prior communication
and discussion is vital to continued good relations.
Other issues include an awareness of different religions or beliefs when
arranging meetings – for instance, not meeting in a place where alcohol is
served, or not holding Friday-afternoon events or Saturday away days, which
persons from certain religious communities may not be able to attend. In the
same way, dietary considerations should be taken into account when arranging
catering, and attendees should always be asked for their requirements or
preferences.
The issues relating to various stages in recruitment of staff, dress codes, time off
for religious festivals, prayer facilities sexual orientation, family bereavement,
11
dietary needs ,fasting are covered in detail in the councils Recruitment and
Compassionate Leave policies and you are advised to refer to these and other
HR policies for more detailed information.
Further guidance may also be sought from the council’s Equalities Unit based at
the Town Hall.
At the same time, the views or religious or non-religious convictions of service
users should not be allowed to adversely affect staff carrying out their duties. An
example of this would be a user refusing to be assisted by someone from a
different religious persuasion, or by a lesbian, gay, bisexual or trans-person.
7.
Burials and Cremation practices
Luton borough council provides a facility for cremations and burials to take place
at weekends at extra charge. This arrangement was the result of demands
particularly from the Muslim community who have strict time requirements in
terms of burial.
8.
Some major world religions and belief systems
(This is meant to be an illustrative and not an exhaustive list)
N.B In general, while practices may vary within specific branches of each
religion, the following is broadly adhered to by the main world religions listed
below. The council each year produces a religious festivals and local events
calendar which can be downloaded from the council’s website (www.lbc.gov.uk)
8.1
Baha’i Faith
Baha’is should say one of three obligatory prayers during the day. Prayers
need to be recited in a quiet place where the Baha’i will wish to face the
Qiblih (the Shrine of Baha’u’llah, near Akka, Israel), which is in a south easterly
direction from the UK. Two of the prayers require movement and prostrations.
Baha’is are required to wash their hands and face before prayers but can
use a normal washroom facility for this purpose.
Festivals: Baha’i festivals take place from sunset to sunset and followers
may wish to leave work early in order to be home for sunset on the day prior to
the festival date. Baha’is will wish to refrain from working on the
Key Festival dates.
The Baha’i Fast 2 March – 20 March
Baha’is refrain from eating or drinking from sunrise to sunset during this period.
Baha’is working evening or night shifts will appreciate the opportunity to prepare
food at sundown. There are
exemptions from fasting for sickness, pregnancy, travelling and strenuous
physical work.
Naw-Ruz (Baha’i New Year) 21 March
12
Ridvan 21 April – 2 May
Ridvan is the most important of the Baha’i festivals and includes three holy days
on which
Baha’is would wish to refrain from working. They are:
1st Day of Ridvan 21 April
9th Day of Ridvan 29 April
12th Day of Ridvan 2 May
Declaration of the Bab 23 May
Ascension of the Baha’u’llah 29 May
Martyrdom of the Bab 9 July
Birth of the Bab 20 October
Birth of Baha’u’llah 12 November
Food: As a matter of principal most Baha’is do not take alcohol. Otherwise
there are no dietary restrictions.
APPENDIX 2 39
Bereavement: Burial should take place as soon as possible after legal
formalities and funeral arrangements can be put in hand. The body should be
transported no more than one hour’s journey from the place where the
person died, so funerals take place relatively close to the place of death. The
usual arrangements for compassionate leave should generally suffice. Baha’is
have no specific period of mourning.
8.2
Buddhism
Festivals: There are a number of different traditions in Buddhism arising from
different cultural and ethnic backgrounds. Different traditions will celebrate
different festivals. Some Buddhist traditions do not celebrate any festivals.
Buddhist members of staff should be asked which festivals are important to them.
Festivals follow the lunar calendar and will therefore not take place on the
same day each year.
Saindran Memorial Day -January
Parinirvana -February
Magha Puja Day -February/March
Honen Memorial Day -March
Buddha Day (Vesak or Visakah Puja) -May
The Ploughing Festival -May
Buddhist New Year Varies according to tradition
Asalha Puja Day (Dhamma Day) -July
Ulambana (Ancestor Day) -July
Abhidhamma Day- October
Kathina Day -October
The Elephant Festival- November
Loy Krathorg- December
Bodhi Day- December
Uposatha weekly on the lunar quarter day
Avalokitesvara’s Birthday
40 EMPLOYMENT EQUALITY LEGISLATION 2003 (RELIGION OR BELIEF)
13
Food: Most Buddhists are vegetarian reflecting their adherence to the
precept of non-harm to self and others. Many would not want to prepare or
serve meat for others. Buddhists upholding the precept to avoid intoxication
may not wish to drink alcohol, or serve it.
Clothing: Many Buddhists would prefer to wear clothing which reflects their
adherence to non-harm principals –e.g. not wearing leather clothing and leather
shoes.
8.3
Christianity
There are a wide variety of Christian Churches and organisations all of which
have their own specific needs, rituals and observations.
Festivals:
Christmas Day 25 December
Ash Wednesday Feb/March
(date set by lunar calendar)
This is a day of fasting/abstinence for many Christians.
Maundy Thursday March/April
(date set by lunar calendar)
Good Friday March/April
(date set by lunar calendar)
Easter Sunday March/April
(date set by lunar calendar)
All Saints Day 1 November
Christmas Eve 24 December
In addition there are a number of ‘holy days of obligation’ when Christians may
wish to attend a church service and request a late start to the working day, or
early finish in order that they can attend their local church. Many practicing
Christians will wish to attend their Church on Sundays throughout the year.
Food: Some Christians avoid alcohol.
Clothing: Some Christian churches forbid the use of cosmetics and require
their female members to dress particularly modestly.
Bereavement: No special requirements beyond normal compassionate leave.A41
8.4
Hinduism
Festivals: Hinduism is a diverse religion and not all Hindus will celebrate the
same festivals.
Makar Sakranti 14 January
Maha Shiva Ratri February
Holi March
Ramnavami April
Rakshabandham August
Janmashtami August
Ganesh Chaturthi August/September
Navaratri September/October
Dushera (aka Vijayadashmi) September/October
Karava Chauth October
14
Diwali Late October/Early November
New Year Late October/Early November
There are a number of occasions through the year when some Hindus fast.
Clothing: Hindu women will often wear a bindi which is a red spot worn on
the forehead and denotes that she is married. In addition, many
married Hindu women wear a necklace (mangal sutra) which is placed around
their necks during the marriage ceremony and is in addition to a wedding ring.
Decorative bindis in different colours are also sometimes worn by A few
Orthodox Hindu men wear a small tuft of hair (shikha) similar to a ponytail but
this is often hidden beneath the remaining hair. Some Orthodox Hindu men also
wear a clay marking on their foreheads known as a tilak.
Food: Most Hindus are vegetarian and will not eat meat, fish or eggs. None
eat beef.
Bereavement: Following cremation, close relatives of the deceased will
observe a 13 day mourning period during which they will wish to remain at
home. The closest male relatives may take the ashes of the deceased to the
Ganges, in India. They may therefore request extended leave from work. Close
male relatives of the deceased may shave their heads as a mark of respect.
42 EMPLOYMENT EQUALITY LEGISLATION 2003 (RELIGION OR BELIEF)
8.5
Islam
Observant Muslims are required to pray five times a day. Each prayer time
takes about 15 minutes and can take place anywhere clean and quiet.
Prayer times are:
At dawn (Fajr)
At mid-day (Zuhr) in winter sometime between 1200 – 1300hrs and in
Summer between 1300 – 1600hrs
Late Afternoon (Asr) in winter 1430 – 1530hrs
After Sunset (Maghrib)
Late Evening (Isha)
Friday mid-day prayers are particularly important to Muslims and may take a little
longer than other prayer times. Friday prayers must be said in
congregation and may require Muslims to travel to the nearest mosque or
prayer gathering.
Before prayers, observant Muslims undertake a ritual act of purification. This
involves the use of running water to wash hands, face, mouth, nose, arms up to
the elbows and feet up to the ankles, although often the washing of
the feet will be performed symbolically.
Festivals: The dates of festivals are reliant on a sighting of the new moon
and will therefore vary from year to year. Whilst approximate dates will be
known well in advance, it is not always possible to give a definitive date until
much nearer to the time.
Ramadan, which takes place in the ninth month of the Muslim lunar calendar,
is a particularly significant time for Muslims. Fasting is required between dawn
and sunset. Most Muslims will attend work in the normal way but in the winter
they may wish to break fast with other Muslims at sunset. This could be seen
as a delayed lunch break. For those working evening or night shifts, the
15
opportunity to heat food at sunset and/or sunrise will be appreciated.
Eid Al-Fitr – three days to mark the end of Ramadan – most Muslims will only
seek annual leave for the first of the three days.
Eid al-Adha takes place two months and 10 days after Eid Al-Fitr and is a
three-day festival. Again, most Muslims will usually only seek leave for the
first of the three days.
All Muslims are required to make a pilgrimage to Mecca once in their lifetime.
Muslims may therefore seek one extended leave period in which to make
such a pilgrimage.
Clothing: Muslims are required to cover the body. Men may therefore be
unwilling to wear shorts. Women may wish to cover their whole body, except
their face, hands and feet.
Food: Muslims are forbidden to eat any food which is derived from the pig,
this includes lard which may be present in bread or even ice cream. In
addition they are forbidden to eat any food which is derived from a
carnivorous animal. Meat that may be consumed must be slaughtered by the
Halal method. Islam also forbids the consumption of alcohol which includes
its presence in dishes such as risotto or fruit salad.
Bereavement: Burial must take place as soon as possible following death
and may therefore occur at short notice.
Other:
1. Any form of gambling is forbidden under Islam.
2. Observant Muslims are required to wash following use of the toilet and
will therefore appreciate access to water in the toilet cubicle, often
Muslims will carry a small container of water into the cubicle for this
purpose. By agreement with other staff and cleaners, these containers
could be kept in the cubicle.
3. Physical contact between the sexes is discouraged and some Muslims
may politely refuse to shake hands with the opposite sex. This should
not be viewed negatively.
Circumcision: In some religions (including Judaism and Islam) and for some nonreligious individuals, it has been a tradition to circumcise male infants shortly
after birth (usually at seven days old). In recent years, however, views have
changed, and some Jewish and Muslim parents prefer to carry out the traditional
ceremonies without the actual circumcision taking place. It should therefore be
remembered that there could sometimes be different views on the same subject.
8.6
Jainism
Jains are required to worship three times daily, before dawn, at sunset and at
night. Jains working evening or night shifts may wish to take time out to
worship or take their meals before sunset.
Festivals: Jain festivals are spiritual in nature.
Oli April and October
Eight days semi-fasting twice a year when some take one bland, tasteless meal
during day time.
44 EMPLOYMENT EQUALITY LEGISLATION 2003 (RELIGION OR BELIEF)
16
Mahavira Jayanti April
Birth anniversary of Lord Mahavira
Paryusan August/September
During this sacred period of fasting and forgiveness for eight days Jains fast,
observe spiritual
rituals, meditate and live a pious life taking only boiled water during day time.
Samvatsari September
The last day of Paryushan when Jains ask for forgiveness and forgive one
another.
Diwali October/November
Death anniversary of Lord Mahavira, includes a two-day fast and listening to the
last message of
Mahavira.
Food: Jains practice avoidance of harm to all life – self and others. They are,
therefore, strict vegetarians including the avoidance of eggs; some may take
milk products. Many also avoid root vegetables. Jains do not eat between
sunset and sunrise. Jains do not drink alcohol.
Bereavement: Cremation will take place as soon as practical after death
(usually three to five days). There is no specified mourning period and normal
compassionate leave arrangements will suffice.
8.7
Judaism (Jews)
Observant Jews are required to refrain from work on the Sabbath and
Festivals, except where life is at risk. This includes travelling (except on foot),
writing, carrying, switching on and off electricity, using a telephone and
transactions of a commercial nature (that is buying and selling).
Consideration should also be given to the signing of consent/agreement forms.
For instance, an orthodox Jewish person would not wish to sign forms on a
Sabbath or major festival.
The Sabbath and all other Festivals begin one hour before dusk and so
practicing Jews need to be home by then. Sabbath begins one hour before dusk
on Friday.
Festivals:
Passover March/April 2 sets of 2 days
Pentecost (Shavuoth) May/June 2 days
New Year Sept/Oct 2 days
Day of Atonement Sept/Oct 1 day fasting
Tabernacles (Sukkot) Sept/Oct 2 sets of 2 days APPENDIX 2 45
Clothing: Orthodox Jewish men keep their head covered at all times.
Orthodox Jewish women will wish to dress modestly and may not want to
wear trousers, short skirts or short sleeves; some may wish to keep their
heads covered by a scarf or beret.
Food: Jews are required to eat only kosher food (which has been treated
and prepared in a particular manner).
17
Jews believe death in this life will eventually lead to resurrection in a world to
come.
Funeral practices
The dead are buried as soon as possible. The body is washed to purify it,
dressed in a plain linen shroud. The casket, a plain wooden coffin, remains
closed after the body is dressed. The body is watched over from time of death till
burial, as a sign of respect. The kaddish, a prayer in honor of the dead, is said.
Funerals must take place as soon as possible following the
death – the same day where possible – and therefore take place at short
notice. Following a death, the immediate family must stay at home and
mourn for seven days (Shiva).
Mourning rituals
There is an intense seven-day mourning period, called shiva, following the burial.
Mourners traditionally rent their garments as a symbol of grief. Today, people
often wear a black ribbon instead of tearing their clothes. Mourners also cover
mirrors, sit on low stools, and avoid wearing leather. The full mourning period
lasts a year, after which mourners observe the dead's yahrzeit, or yearly
anniversary of the death.
Lutheran Church
There are similarities between the Roman Catholic Church and the Lutheran
church. Martin Luther, the protestant reformer who founded the Lutheran
denomination, broke from the Roman Catholic Church, but kept the parts of
the faith that were scriptural (based on the Bible). Later reformers did
not do this, which is why there are more similarities than with other
denominations.
Both Catholicism and the Lutheran church practice infant baptism and
communion as sacraments. Roman Catholics also include 3 more that
Lutherans reject. The latter also reject purgatory, praying to the saints, and
praying to Mary as unscriptural.
Services are very similar in that they are both liturgical.
Lutheranism is based on scripture alone. Roman Catholism is based on
scripture + Papal decrees + Church history.
Lutheran churches are governed locally, not from a big church hierarchy.
Death and Burial


Pastors conduct funeral and burial rites.
The Evangelical Lutheran Church in Canada has no formally approved
teaching document regarding funeral practices, although the Lutheran
Book of Worship provides guidance in this matter in the form of liturgical
texts, directions and “Notes on the Liturgy,” found in the Minister’s Edition.
The notes also guide the conduct of the service and the committal,
18

whether the body is to be buried in the ground, entombed above ground,
commended to the sea, cremated, or used for medical research or organ
donation. The church regards all of these methods of disposition of the
body as acceptable for the Christian.
The casket is always closed for the liturgy, whether it is celebrated in
church or in some other setting. The cremated ashes, with suitable
adaptations, can be treated the same way when they are present for the
liturgy. The gravesite of the deceased is viewed as a sacred spot for the
family to visit and tend.
Mormonism
The 14 articles of faith of Mormonism include the following main beliefs:
 God is a man who lives on another planet
 Jesus was born as a result of a physical union and not as result of virgin
birth
 Mormons must convert others to their faith-even the dead can be baptized
by proxy
 Mormons must not read anything critical of the church - they regard such
views as satanic
Beliefs about death
Mormons believe that at death, the spirit and the body separate. People go to
judgment by God. Death is something to mourn but is also a time of hope
because it is seen as a step into the next life and eternal life with God
Funeral services are usually held in a chapel or mortuary. Burial is preferred to
cremation because internment in the earth symbolizes the return of dust to dust.
Pagan
Beliefs about death
Pagans believe that physical death is not the end of life. The dead become
unborn, and enter into a state where they may find temporary rest, after which
healing and renewing energy for rebirth into a new life occur.
Funeral practices
Believers in the pagan goddess traditions wash the dead body with a mixture
consisting of spring water, a few drops of ocean water (or water from another
special place), scented oil, and the herb rosemary for purity and protection. While
washing, a special blessing is usually said. Then, the body is smudged (or
censed) with appropriate incense for the cleansing. Finally, the body is wrapped
or dress in simple cloth or clothing.
Mourning rituals
Pagans hold funerals and memorial services, during which, special prayers are
said to help guide the dead to healing in their afterlife journey to rebirth. Rituals
include offerings to nature and the ancestors, invoking spirits, music, chanting,
19
sharing stories and more.
Presbyterianism
Belief about death
Presbyterian Christians believe that whether the reward of heaven or the
punishment of hell, the consequences of life have a bearing on where you end up
after death, and they begin immediately after death.
Funeral practices
Most funerals take place two to four days after the death. Most services are held
in the church sanctuary. Funeral practices vary from person to person. No one
form of interment is either encouraged or discouraged among worshippers.
Mourning rituals
Worshippers are encouraged to provide the "ministry of presence" to those who
have experienced a loss. Whether one calls, writes or visits the bereaved, the act
of being present for them is enough.
8.8
Rastafarianism
Festivals:
Birthday of Haile Selassie I 23 July
Ethiopian New Year 11 September
Anniversary of the Crowning of
Haile Selassie I 2 November
Christmas 25 December
Food: Vegetarian including the avoidance of eggs. Many Rastafarians eat
only organic food as close to its raw state as possible.
Clothing: Hair is worn uncut and plaited into ‘dreadlocks’. It is often covered
by a hat which is usually red, green and gold.
Other: Whilst the faith supports the smoking of ganga (marijuana) this
practice remains unlawful in the UK, and is unaffected by the Employment
Equality (Religion or Belief) Regulations 2003.
Bereavement: No specific requirements beyond that of normal
compassionate leave.
APPENDIX 2 47
8.9
Sikhism
Festivals:
Birthday of Guru Gobind Singh 5 January
Vaisakhi 14 April
Martyrdom of Guru Arjan Dev 16 June
Sri Guru Granth Sahib Day 1 September
Divali (Diwali) October/November
(date set by lunar calendar)
Martyrdom of Guru Tegh Bahadur 24 November
Birthday of Guru Nanak November
Food: Sikhs do not eat Halal meat. Some do not eat beef and many are
vegetarian.
20
Clothes: Practising male Sikhs observe the 5 Ks of the faith. These are:
Kesh Uncut hair. Observant Sikhs do not remove or cut any hair
from their body. Sikh men and some women will wear a
turban.
Kangha Wooden comb usually worn in the hair.
Kara Metal bracelet worn on the wrist
Kachhahera Knee length underpants
Kirpan Short sword worn under the clothing so that it is not visible.
Bereavement: Sikhs are cremated and have a preference for this to take
place as soon after the death as possible. There is no specified mourning
period and normal compassionate leave arrangements will suffice.
48 EMPLOYMENT EQUALITY LEGISLATION 2003 (RELIGION OR BELIEF)
8.10 Zoroastrians (Parsi)
Orthodox Zoroastrians are required to pray five times during the day, saying a
special prayer for each part of the day. Thus:
Hawab (sunrise to midday)
Rapithwin (midday to mid-afternoon)
Uzerin (mid-afternoon to sunset)
Aiwisruthrem (sunset to midnight)
Ushahin (midnight to dawn)
Prayers should be said in front of a fire – or a symbolic replica of fire.
In addition, a ritual is performed each time a Zorostrain washes his/her hands
although the ritual is not always strictly performed in all its detail. When it is
performed, the individual will stand on the same spot and must speak to no
one during the ritual. No special facilities are required.
A prayer will also be said before eating.
Festivals: Dates follow the lunar calendar and will therefore vary from year to
year.
Khordad Sal – The Prophet’s Birthday
Fravardigan – Remembrance of departed souls
Tiragan – Water Festival
Mehergan – Harvest Festival
Ave roj nu Parab – Water Festival
Adar roj nu Parab – Fire Festival
Jashn-e-Sadeh – Mid Winter Festival
Zardosht no Disco – Death of the Prophet
Maktad – Festival of All Souls
No Ruz – New Year
APPENDIX 2 49
In addition there are six seasonal festivals
Maidyoizaremaya - Mid Spring
Maidyoishema - Mid Summer
Paitishahya - Early Autumn
Ayathrima - Mid Autumn
Maidhyairya - Mid Winter
Hamaspathmaedaya- Pre Spring
21
Clothes: Zoroastrians, both male and female, wear two pieces of sacred
clothing. The Sudreh (shirt) and the Kusti (cord) which is a string which
passes loosely around the waist three times and is tied in a double knot at
the back.
It is the Kusti which is ritualistically retied each time the hands are washed.
Bereavement: Following the death of a close family member there is a
mourning period of 10 days followed by a ceremony to mark the first month, the
sixth month and the twelfth month of bereavement.nPark, Bury St Edmunds,
8.11 Other Ancient Religions
These include religions covered by the Council of British Druid Orders and
examples are Druidry, Paganism and Wicca.
There are also other ancient religions such as Astaru, Odinism and
Shamanism.
Festivals: Some examples of Festivals
Candlemas 2 February
Spring Equinox * 21/22 March
Beltaine 30 April
Summer Solstice * 21/22 June
Lughnasadh 2 August
Autumn Equinox * 21/22 September
Samhain 31 October
Winter Solstice * 21/22 December
*Dates are moveable due to astronomical times set in accordance with GMT.
Food: Generally vegetarian or vegan, although not always.
46 EMPLOYMENT EQUALITY LEGISLATION 2003 (RELIGION OR BELIEF)
Clothing: Some items of jewellery as associated with Pagan faiths such as
ankh, pentagram, hammer and crystal.
Bereavement: No specific requirements other than of possible requests for
normal compassionate leave in the case of employees
9.
APPENDIX 1 -
Some frequently asked questions
1.
Are employers required to monitor their employees’ religions and beliefs?
There is no requirement to collect data on religion or belief. However, employers
may wish to consider adding religion or belief to the categories by which they
carry out monitoring. In addition to the normal benefits of monitoring, gathering
information on the religion or belief of employees can help employers understand
their employees' needs and help business planning, e.g. by being able to
anticipate when employees may wish to take time off for religious festivals. If
employers decide that they do wish to monitor by religion or belief, they should
22
inform their employees and job applicants of the reasons for the monitoring, and
advise them that they are under no obligation to provide the information and that,
if they do, the information will be kept confidential and be used for only the
purposes described.
2.
How are employees protected from dismissal under the Employment
Equality (Religion or Belief) Regulations 2003?
Under the Employment Equality (Religion or Belief) Regulations 2003 a dismissal
can constitute less favourable treatment for the purposes of direct religion or
belief discrimination and victimisation if it is on grounds of religion or belief. It can
also give rise to indirect religion or belief discrimination if the employer applies a
provision, criterion or practice that results in the dismissal of someone of a
particular religion or belief and the employer cannot show the application of the
provision, criterion or practice to be a proportionate means of achieving a
legitimate aim.
3.
Are Sikhs working on construction sites required to wear safety helmets?
The Employment Act 1989 creates an exemption for Sikhs from the requirement
to wear a safety helmet on a construction site. This exemption applies only to the
followers of the Sikh religion and not to any other religious group. It also applies
only to construction sites and not to any other workplace where a safety helmet
may be required.
4.
Are employers obliged to let Sikh employees wear a kirpan under their
clothing while at work?
A kirpan is a small replica sword worn around the waist under the clothes. It
represents one of the five articles of faith that devout Sikhs must always wear,
and which distinguish them as Sikhs. It is regarded as a ceremonial item, not a
weapon of aggression, and symbolises readiness to fight oppression.
In implementing a dress code, it may be indirectly discriminatory on the grounds
of religion or belief for employers to prohibit the carrying of weapons, blades or
sharp objects, as this would clearly puts Sikhs at a disadvantage in that it would
prevent them observing their particular religious requirements. Wherever
possible, where an employee's religion requires him or her to observe a particular
dress code, such as the wearing of a kirpan, this should be respected by the
employer. However, this must be balanced against health and safety and security
considerations, and a prohibition on kirpans may well be shown to be a
proportionate and reasonable means of achieving a legitimate aim. If employers
prohibit the wearing of kirpans at work, they must be able to justify the prohibition
as a proportionate response on the grounds of health and safety, security or
23
some other legitimate business aim. Unjustifiable policies and rules are likely to
constitute indirect religious discrimination.
As far as the criminal law is concerned, the Criminal Justice Act 1988 makes it an
offence for a person in a public place to have a bladed or sharply pointed article other than a small folding pocket knife - without good reason. The onus is on the
knife carrier to show that he or she has a good reason for carrying it. However,
the Act exempts Sikhs wearing kirpans from criminal prosecution on the grounds
that the kirpan is a religious article.
5.
Can employers require all employees to wear a uniform?
Employers can require all employees to wear a uniform, but some flexibility is
needed to avoid unlawful discrimination. Whether it is necessary for all
employees to wear a uniform should be considered. It may be necessary only for
those employees who are in contact with customers, clients or members of the
public, or for those employees who represent the employer externally or promote
its image or branding. Alternatively, there may be health and safety reasons for
wearing a uniform.
Employers should adopt a dress code that outlines the standards of dress
required, and states any requirement to wear a uniform. The needs of certain
groups of employees must be considered. For example, some women are
required by their religion to cover their legs or heads. A pregnant employee may
be unable to wear the uniform in the later stages of her pregnancy. The uniform
should be modified or waived in these circumstances.
6.
Are companies required to provide a prayer room for staff?
Employers are not specifically required to provide a prayer room. However, if a
quiet place is available, and allowing its use for prayer would not cause problems
for other workers or for the business, the employer should agree to it being used
for the purposes of religious observance. Where an employee's religion requires
observance of particular prayer times during the working day, this should be
respected wherever possible, otherwise there is a risk that the employee may
claim that he or she has been discriminated against on the grounds of religion or
belief.
Willingness to accommodate the religious needs of employees is likely to be in
the employer's interests, as it will help maintain the loyalty and goodwill of the
workforce. If the employer has no room that can be allocated for use as a
permanent prayer room, it should discuss with employees how else their request
might reasonably be accommodated. For example, it might be possible to use a
meeting room or some other private space as a temporary prayer room at
specified times of the day.
24
7.
Is an employer liable for offensive and/or potentially discriminatory
material or comments posted on its intranet bulletin board?
Potentially yes. Employers are under a duty to provide a safe working
environment that is free from bullying, harassment and discrimination.
Inappropriate wording posted on intranet bulletin boards by employees for their
colleagues to read may amount to bullying or harassment. Where the comments
contain an element of discrimination on the grounds of sex, race, age, disability,
sexual orientation or religion or belief, the employer may become vicariously
liable for those acts of unlawful discrimination or harassment, even if the posts
were made without its authorisation or knowledge.
One of the best means of defence against such liability is the "reasonable steps"
defence, which requires the employer to show that it took such steps as were
reasonably practicable to prevent employees from committing the discriminatory
acts in question. The steps must have been taken before the discriminatory acts
occurred. A suitably worded computer-use policy and/or equal opportunities and
dignity at work policy that is properly communicated and implemented in the
workplace can provide significant protection from the risk of successful unlawful
discrimination or harassment claims. However, simply having a policy in place
will not be sufficient to rely on the statutory defence. Employment tribunals will
look to see what positive steps the employer has taken to promulgate and
implement the policy and to provide employees with appropriate training.
Even where no element of unlawful discrimination exists as regards the offensive
material posted, an employee could claim constructive unfair dismissal if the
employer fails to address the problem and the employee resigns as a result.
There is an implied term in every contract of employment that the employer will
provide a working environment that is reasonably suitable for the performance by
an employee of his or her contractual duties. Allowing hostile or offensive intranet
bulletin board posts to go unchecked may breach this implied term.
8.
In what circumstances could an employer’s requirements and conditions
of the job lead to claims of discrimination?
Inappropriate criteria or conditions can, in certain circumstances, constitute
indirect discrimination under the Sex Discrimination Act 1975, the Race Relations
Act 1976, the Employment Equality (Sexual Orientation) Regulations 2003, the
Employment Equality (Religion or Belief) Regulations 2003 or the Employment
Equality (Age) Regulations 2006. This applies if an employer stipulates a
requirement that excludes or discourages a considerably larger number of
women than men (or vice versa), people from a specific racial or religious group,
people of a particular sexual orientation or people in certain age groups.
Unnecessary or marginal criteria might also be in breach of the Disability
Discrimination Act 1995, section 3A or 4A.
25
9.
In specifying the requirements for a job, what steps can an employer take
to ensure that it is not liable to claims of indirect discrimination?
An employer must ensure that the requirements specified for candidates'
qualifications, experience, skills, etc are carefully matched to the needs of the
job. If a particular criterion or condition could potentially have a disproportionate
adverse impact on people from a particular group, the employer should check
whether it is genuinely necessary for the effective performance of the job.
10. How can an employer ensure that its application forms are not
discriminatory?
The employer should make sure that an application form requests only
information that is relevant to the performance of the job, for example details of
the applicant's education and qualifications, work experience and skills. Any
personal details that are required for the processing of the application should be
contained on a tear-off portion of the form that can be removed from the main
part of the application form (for example by an HR officer), before the application
is passed to the relevant line manager to assess.
11.
How can an employer ensure that line managers draw up a shortlist for a
position without unlawfully discriminating against applicants?
By comparing each application with the employee specification to establish
whether, on paper, the person has the type of background that is necessary or
desirable for the job, the manager will minimise the risk of bias on grounds of
gender, race or age (or any other irrelevant factor). Personal information such as
the applicant's name, sex, marital or civil partnership status, sexual orientation,
nationality, country of birth, religion and age should not form part of the process.
12.
Do we have to do anything new or different as a result of the legislation?
We should ensure that religion and belief are included in their
Equality Policy. It is a good idea to revisit the Equality Policy from time
to time to ensure it has not become outdated, to test any new
employment policies and procedures for discrimination and to ensure
the policy itself meets current legislation requirements.
Staff need to be made aware (through training, notice boards,
circulars, contracts of employment, etc) that it is not only
unacceptable to discriminate, harass or victimise someone on the
grounds of religion or belief, it is also unlawful. Organisations should
also make it clear that they will not tolerate such behaviour. Staff
should know what to do if they believe they have been discriminated
against or harassed, or if they believe someone else is being
discriminated against or harassed, and this should be included in the
grievance procedure. All strands of equality are included in the Council’s
grievance and disciplinary procedures.
26
MU EMPLOYMENT EQUALITY LEGISLATION 2003 (RELIGION OR BELIEF)
26
13.
Must organisations have an Equality Policy?
Whilst organisations do not have to have an Equality Policy,
implementing and observing such a policy is an established means
of demonstrating that an employer has taken reasonably practicable
steps to prevent employees discriminating against or harassing other
employees. The policy should set out minimum standards of behaviour
expected of all staff through recruitment and onwards and what staff
can expect of the organisation. It acts as a reminder, gives staff
confidence that they will be treated with dignity and respect, and may
be used as an integral part of a grievance or disciplinary process if
necessary.
If organisations do not have an Equality Policy and would like help in
putting in place an effective policy Acas can help.
14.
Do the Regulations cover all religions and beliefs?
It is unlawful to discriminate against a person on the grounds of
religion, religious belief, perceived religion or religious belief, or similar
philosophical belief. Political beliefs are specifically excluded from
these Regulations. It is as unlawful to discriminate against a person for not
holding a specific religion or belief as it is to discriminate against someone for
actually holding to or subscribing to a particular religion or belief.
15. Do these Regulations cover all workers?
A The Regulations apply to all workers, including office holders, police,
barristers, partners in a business and members of the armed forces.
They also cover related areas such as membership of trade
organisations, the award of qualifications, the services of careers
guidance organisations, employment agencies and vocational training
providers, including further and higher education institutions.
The Regulations cover anyone who applies to an organisation for
work, or who already works for an organisation whether they are
directly employed or work under some other kind of contract or are an
agency worker. Organisations are also responsible for the behaviour of TLY D
their staff towards an individual working for someone else but on their
premises, for example someone from another organisation repairing a
piece of equipment.
Workers are sometimes harassed by third parties, such as customers
or clients. Where possible, organisations should protect their staff from
such harassment and should take steps to deal with actual or
potential situations of this kind. This will enhance the organisation’s
reputation as a good employer and make the organisation a
welcoming and safe place to work. Many organisations provide visitors and
visiting workers with guidance on Health and Safety matters. It may be
appropriate to include some comments in any policy your organisation has on
harassment. QUESTIONS 27
27
Do organisations have to ask about someone’s religion or belief at
interview?
No. Interviews are about finding out whether someone has the right
skills for the job. Personal questions about an individual’s beliefs
should not be asked unless they are relevant to the duties of the job in
question. It is good practice not to ask any personal questions at
interview unless it is to make sure that appropriate adjustments are
made for anyone with a disability.
Organisations do not have to employ people whose beliefs mean they
are unable to undertake essential parts of the job. It should be made
clear to candidates what type of work the organisation does and what
duties the job involves so they can consider whether there is any
chance it might conflict with their religion or beliefs.
Example: An individual applying for a job in a large supermarket stacking
shelves may not be willing to handle pork products for religious reasons.
Such products probably represent only a small proportion of the goods
displayed on the shelves. It may not be reasonable to reject such job
applicants if it is practicable to allocate work in a way that does not
involve handling pork products.
However, it may not be practical for the store to adjust the work of a checkout
operative in order that they are not required to handle pork products.
Example: A waiter who is a Sikh may not be prepared to serve meat
which has not been slaughtered in a manner he or she considers to be
humane. In this case, redistribution of the work may not be possible if
the restaurant serves such meat and it may be reasonable to reject the
job application on the grounds of religion or belief.
If an organisation changes the type of work it does they should give
careful consideration to the effect it may have on their staff for reasons
of religion or belief. Early consultation with staff and/or their trade
union will usually result in a mutually acceptable arrangement.
16.
17.
Do organisations have to collect data on religion or belief?
The Regulations do not require the collection of such data but it may
help organisations to provide appropriate facilities for their staff and to
understand employees’ needs (e.g. when they might seek annual
leave). It is important that managers talk to people and/or their trades
unions to ensure an understanding of individual needs and to avoid
making assumptions about them. Not all followers of each religion or
belief will necessarily have the same practices or follow their religion in
exactly the same way.
If an organisation decides to collect data, it may give staff added
confidence if it is made clear why they want the information, how it is
going to be used and that giving such information is entirely voluntary.
28
All such information should be confidential and anonymous. It is
designated ‘sensitive’ under the Data Protection Act 1998. Staff
permission should be obtained before using such information.
18.
How will organisations know if they are discriminating inadvertently?
Individual staff, or their trade union, will generally tell managers,
particularly if managers are able to create a culture whereby staff feel
comfortable in sharing such information. It can be helpful for
organisations to have a designated individual to whom people can go
in confidence. It is a good idea for management teams, staff
representatives or a specially convened group of employees to think
through and test whether any organisational policies and procedures
impact on people’s religion or belief, or discriminate on any other
grounds such as disability, sexual orientation, sex or race. It is good
practice to include age in your equality policies ahead of age
discrimination becoming unlawful in October 2006.
Organisations should consider carefully whether they are inadvertently
discriminating indirectly. For example, if team meetings always take
place on a Friday afternoon this may discriminate against Jewish and
Muslim staff for whom Friday afternoon has a particular religious
significance, although not everyone follows their faith in the same way.
Employers will not escape liability in an Employment Tribunal by
showing that discrimination was inadvertent or accidental.
19.
No one in my organisation has ever complained of discrimination
or harassment so we don’t need to do anything new, do we?
People do not always feel able or confident enough to complain,
particularly if the harasser is a manager or senior executive.
Sometimes they will simply resign. One way to find out is to undertake
exit interviews when people leave your organisation and as part of that
process to ask if they have ever felt harassed, bullied or discriminated
against at work. If it is possible, exit interviews should be undertaken
by someone out of the individual’s line of management, for instance a
personnel officer.
Discrimination includes harassment which can take place without
management being aware of it. Organisations should make sure all
their staff understand that harassment means any unwanted behaviour
that makes someone feel either intimidated, humiliated or offended
and that includes teasing, tormenting, name calling, etc and applies to
whoever the perpetrator may be. The victim’s perception of the effect
of the behaviour is also important. Managers should take all practical
steps to make sure staff understand that organisations and their
management teams will not tolerate such behaviour and that they will
deal with whoever is causing the problem through the disciplinary
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process.
20.
Should we ban discussions about religion and belief in the
workplace? We are concerned that someone might complain
about harassment.
If harassment has been explained to staff they should be able to
distinguish between reasonable discussion and offensive behaviour.
Staff should be aware that if their discussions cause offence then this
may be considered to be harassment and therefore unlawful. A ban on
discussions about religion or belief may create more bad feeling
amongst staff and cause more problems than it solves.
21.
Do organisations have to release staff for prayer outside normal rest/break
periods or religious festivals?
Organisations do not have to release staff for prayer outside normal
rest breaks or holiday periods. Under the Working Time Regulations
1998, (further details available at Appendix 2) staff are, in general,
entitled to a rest break of not less than 20 minutes where working time
is more than six hours. Staff may request that their rest break coincide
with their religious obligations to pray at certain times of the day.
Employers may be justified in refusing such a request if, for example, it
conflicts with legitimate business needs which they are unable to meet
in any other way. If they are unable to justify such a refusal this may be
discrimination.
The Working Time Regulations also provide that staff are entitled to
not less than four weeks annual leave each . Staff may also request annual leave
to coincide with religious festivals. Refusal to grant such leave may be
discriminatory if it cannot be justified by a legitimate business need
which cannot be met by any other reasonable means.
Managers should try to be flexible about when rest breaks or annual
holidays are taken. It is good practice to ensure that staff know how to
request such flexibility and how much reasonable notice is required to
meet their needs. There may be a few jobs where it is not possible to
be flexible but explanation and discussion may enable a compromise
to be achieved. No organisation is expected to accept unreasonable
disruption to its activities. Managers may wish to consider that the
time taken for prayer is rarely longer than that of a tea or coffee break.
Staff needs to understand that they have a responsibility to be reasonable
to both their employer and their colleagues when asking
22.
My organisation has rules on personal appearance and dress. Are we in
breach of the legislation?
If your company rules are in place for health and safety reasons or to
protect your image with customers they may be lawful. It is important
to explain the company’s policy on dress and appearance, but
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organisations should try to be flexible where they can to enable staff to
dress in accordance with their beliefs but still meet the organisation’s
requirements.
Some religions require their women to dress modestly and
organisations should consider whether this requirement is contravened
by their dress code. For example, Jewish women may wish to wear a
shirt or blouse outside their skirt in order to avoid accentuating their
body shape. This may also apply to women from other religions.
There are items of jewellery which are culturally specific to some
religions, for instance Hindu men wear neck beads (known as Kanthi
Mala) which are an indication of their faith. Additionally, some religions
are designated by body markings such as a red spot on the forehead
(Bindi Sindhur) and organisations should consider allowing for these
within their policies.
23.
I am concerned that, on the grounds of religion, some of my staff
may refuse to work with their gay or lesbian colleagues.
Some religions do have strong views concerning sexual orientation but
most do not advocate persecution of people because of their sexual
orientation. Everyone has the right to be treated with dignity and
respect in the workplace whatever their sex, race, colour, disability,
age, religion or sexual orientation. You should include this overriding
premise in your Equality Policy and show that you take a robust view
when this principle is not adhered to. Your workers do not have to be
friends but you can insist that they treat each other professionally.
Appendix 2
Recent UK case law covering Religion, Faith and Belief
1.
Eweida v British Airways (ET 2702689/2006)
Eweida v British Airways plc is the case of the evangelical Christian who claimed
that she was indirectly discriminated against on grounds of religion or belief by
BAs policy of prohibiting jewellery to be visible over a uniform, which did not
allow her to visibly wear a plain silver cross. The EAT held that this was not
prima facie indirectly discriminatory because there was no evidence that a group
of Christians were put “at a particular disadvantage” by the policy compared with
non-Christians. Mr Justice Elias said that “in order for indirect discrimination to be
established, it must be possible to make some general statements which would
be true about a religious group such that an employer ought reasonably to be
able to appreciate that any particular provision may have a disparate impact on
the group.” The principle set out in Eweida has the result, as the EAT admits,
“that if someone holds subjective personal religious views, he or she is protected
only by direct and not indirect discrimination.” Whether this is the correct
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interpretation of the indirect discrimination test was expected to be considered by
the Court of Appeal. The case supported by the civil liberties pressure group
‘Liberty’ was dropped when BA capitulated and allowed the employee to wear the
silver cross.
2.
Ladele v London Borough of Islington (ET 22036994/2007)
At the time of writing (May 2009) the Court of Appeal is also expected to be
asked to hear Ladele v London Borough of Islington, the case of the registrar
who refused to register civil partnerships because she considered that this was
inconsistent with her religious beliefs. Two gay colleagues complained that this
was homophobic and contrary to the council’s dignity for all policy. Disciplinary
proceedings were brought against Ms Ladele by reason that she had failed to
comply with the policy by refusing to carry out civil partnership work solely on the
grounds of the sexual orientation of the customers. The EAT overruled an
employment tribunal finding that there was unlawful direct religious discrimination
by the employers. It accepted the local authority’s argument that they had
applied the same rule to all registrars and had treated Ms Ladele no differently.
Mr Justice Elias proclaimed: “It cannot constitute direct discrimination to treat all
employees in precisely the same way.”
3.
Williams-Drabble v Pathway Care Solutions (ET2601718/2004)
This is a case where Mrs. Williams who was a Residential home worker took her
employers Pathway Care Solutions to an Industrial Tribunal on the basis that the
introduction of new shift working patterns meant that she could not attend church
as she would wish. The tribunal ruled that the imposition of a permanent work
rota requiring occasional Sunday shifts indirectly discriminated against an active
Christian whose church held only one service at 5pm (in accepting the job six
months earlier, Mrs W-D had advised the company of her faith and that she was
unable to work on Sundays). Mrs W-D resigned when told that the change was
non-negotiable.
The tribunal also held that the discrimination amounted to a breach of the implied
duty of mutual trust and confidence and that Mrs W-D’s claim for constructive
unfair dismissal should also succeed.
4.
James v MSC Cruises Ltd (ET 2203173/2005)
In James v MSC Cruises Ltd (ET case 2203173/05) the tribunal ruled that a
requirement for Saturday working indirectly discriminated against Seventh Day
Adventists whose faith requires them to observe the Sabbath. MSC Cruises
marketed and sold holidays on cruise ships and required Saturday morning
working to cater for customer needs. This was a contractual requirement and
staff was rostered for Saturdays about once a month.
The tribunal held that this requirement, although discriminatory, was founded in a
“compelling business case”.
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5.
Edge v Visual Security Services 2006 (ET 1301365/06)
Edge v Visual Security Services covers similar ground. Edge was a practising
Christian whose wish not to work Sundays had been flagged up at interview. Six
months later VSS transferred him to a site where Sunday working was required;
he complied under duress for about three months while the company trained
another operative to take these duties.
Ultimately, after arguments about time off for personal and religious reasons, he
was dismissed.
The tribunal held that VSS had a legitimate aim in requiring Sunday working, but
that its failure to find alternative solutions because they were “simply too much
trouble” meant that it could not demonstrate proportionality.
6.
Fugler v MacMillan (ET 22050904/2004)
Fugler v Macmillan London Hair Studios (ET case 2205090/04) illustrates similar
points in relation to Judaism: in a year in which Yom Kippur fell on a Saturday the
employer should have considered alternatives to its usual policy of discouraging
holiday requests for Saturdays, which was accepted by the tribunal as the salon’s
busiest day (demonstrating a legitimate aim for the hours of opening)
EFB comment
Provided that the working pattern is clearly required for sound business reasons
(such as efficiency, customer demand, coverage etc.) employers should have
little difficulty in showing that this is a legitimate aim. It is however equally
important to be able to demonstrate that other potential solutions were properly
considered and that the working hours were not just unilaterally imposed,
especially if an employee has previously expressed concerns based on a
religious belief.
7.
Kara v Hackney Council
Paul Kara a male bisexual employee, at Hackney Council was told he could not
come to work dressed as a female.
He brought proceedings against the Council before an Industrial Tribunal alleging
direct discrimination on grounds of gender contrary to section 1 of the Sex
Discrimination Act 1975. In particular, he alleged that female employees had not
been given similar instructions in relation to male clothing and other members of
staff who had engaged in what was described as "cross dressing" had not been
disciplined by the Council. On 13 January 1995, the tribunal dismissed the
applicant’s claim on the grounds that the Council genuinely and on reasonable
grounds believed that the clothes worn by the applicant were in breach of their
policy with regard to clothing and further found that there was no element of
prejudice in the respondents’ actions to the applicant. Moreover, on the basis of
the respondent’s evidence it was satisfied that at all material times the policy was
applied equally to both their male and female members of staff.
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8.
Ghai v Newcastle City Council (EWHC 978 /2009)
The High Court rejected a claim by a British Hindu that preventing him from
having an open air Cremation infringed his rights to Freedom of Religion under
Article 9 of the European Convention on Human Rights.
9.
R. Begum v Denbigh High School Luton (CA/2005)
Wearing of the hijab in school. The case went to the House of Lords and Lord
Hoffman, said that article 9 of the Human Rights Act did not require that one
should be allowed to manifest one’s religion at any time and place of one’s own
choosing. Common civility also had a place in religious life.
10.
Azmi v Kirklees Metropolitan B.C (EAT APR/ 2005)
This case concerned a teacher who insisted on wearing a veil while taking a
class. This prompted the then Prime Minister Tony Blair to say‘the veil is a mark
of separation which makes people outside of that community feel uncomfortable.
The veil was interfering with effective communication with pupils, they also could
not hear her.’ However the issue is still not really resolved. The courts have
tended to take the view that such issues should be decided on a case by case
basis.
11.
Nicholson v Grainger plc (2009)
Mr Nicholson, 41, had been head of sustainability at Grainger plc, Britain's
biggest residential property investment company, until he was made redundant in
July last year. He brought a case for unfair dismissal, claiming that one of the
reasons for his sacking was his strong belief about the importance of the
environment – which put him at odds, he said, with other senior executives within
the firm.
Mr Justice Barton found in favour of Tim Nicholson, who was made redundant by
the property company he worked for. The judge argued that a 'philosophical
belief which is based on science' should receive the same protection as religious
beliefs. In a landmark ruling, the law appears in effect, to have recognised
environmentalism as a religion.
12.
Religious Belief v Sexual Orientation
Ladele v Borough of Islington (the Christian registrar case).
It is authority for the proposition that there is nothing in the Religion or Belief
Regulations 2003 that entitled Ms Ladele, as a civil partnership registrar, to insist
on her right not to have civil partnership duties assigned to her because of her
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belief that civil partnerships were contrary to the will of God.
The Court of Appeal agreed with the EAT that Ms Ladele was neither directly nor
indirectly discriminated against, nor harassed contrary to the 2003 Regulations,
by being designated a civil partnership registrar, by being required to officiate at
civil partnerships, or by any other aspect of her treatment by Islington.
Interestingly, the Court of Appeal (unlike the EAT) did go on to consider the
conflict of rights issue, namely whether the effect of the Sexual Orientation
Regulations 2007 is to "trump" the right to freedom of religion. The Court of
Appeal held that the prohibition of discrimination by the 2007 Regulations took
precedence over any right which a person would otherwise have by virtue of their
religious belief or faith, to practice discrimination on the ground of sexual
orientation (save for in the limited circumstances provided for in Regulation 14 of
those Regulations).
Contact Information
Policy Officer - Race
Equalities Unit, Luton Borough Council
Town Hall, Luton, LU1 2BQ
Tel: 01582 546190
Fax: 01582 546794, Minicom: 01582 546102
email: equalities_unit@luton.gov.uk
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