Equality and Diversity Briefing 3 - Religion or Belief
1.
Introduction
The Employment Equality (Religion or Belief) Regulations 2003 (SI
2003/1660) were introduced in December 2003. They provide protection
against direct and indirect discrimination, har assment and victimisation on the
grounds of religion or belief. They apply to all aspects of employment,
including recruitment, dismissal, terms and conditions, promotion, transfers
and training. Those protected include current and former employees, job
applicants, apprentices, some self -employed workers, contract workers,
current and prospective partners and people already in, or seeking,
vocational training.
The 2003 Regulations have been amended by Part 2 of the Equality Act 2006,
which came into force on 30 April 2007 (Equality Act 2006 (Commencement
No.2) Order 2007 (SI 2007/1092)).
The law does not explicitly define what falls into the category of a religion or
belief, and provides no list of approved religions or beliefs. However, the
phrase should be taken as including all the major religions, such as
Christianity and Hinduism, as well as the less widely practised religions, cults
and fringe religions.
Outside the area of discrimination law, there have been a number of
decisions where the definition of religion or belief has arisen, and the
tribunals would look to these for guidance on whether or not a person's
religion or belief falls within the protection of the Regulations.
In deciding if a person's religion falls within the protection of the law, the
courts look at whether or not there is a belief in a supreme being and some
form of collective worship. A belief must be more than opinions or deeply held
feelings. According to the European Court of Human Rights, there must be "a
certain level of cogency, seriousness, cohesion and importance, which must
be worthy of respect in a democratic society and must not be incompatible
with human dignity". An example of a belief that might meet this description is
humanism. Vegetarianism is also arguably a "beli ef", so an employer's failure
to provide vegetarian meals in a work canteen, for example, could potentially
lead to a tribunal claim. In many cases it will be obvious whether or not a
person's beliefs fall under the protection of the legislation. However, where
there is a dispute, it will be up to a tribunal to decide.
The Regulations are not intended to provide protection
2.
Implications for the work place
2.1
Hours of work and holidays: Employees may ask for time off for religious
holidays or for changes to their hours for religious reasons. For example,
Jewish employees may ask to leave early on Fridays and Muslim employees
may ask for time off on Fridays to attend prayers.
Managers should consider all such request s seriously and allow such
requests whenever possible. You could consider allowing employees to take
annual leave, to work additional hours and then take time off in lieu, to take
unpaid leave, or to arrange some other flexible working arrangement to
accommodate their requirements.
You would probably be justified in refusing a request for time off for a
religious holiday only if it would affect the business and all employees were
prevented from taking leave at that time.
2.2
Dietary requirements: Some religions impact on the diet of followers, for
example Muslims are forbidden to eat pork or drink alcohol. If, as a result, an
employee working with food or drink does not want to handle certain
products, the employer should consider whether or not it can accommodate
the employee's request without affecting the needs of the business.
If an employer provides food in a staff canteen or at a social event, it should
consider how best to cater for the needs of all its employees. To do this the
employer will need to consult the employees about their reli gious beliefs and
dietary requirements. Employers do not have to provide Halal or Kosher food
if it is required by only a small percentage of their workforce, but should
consider offering a vegetarian option (see above). Employers may also need
to consider what provision to make for employees who need their food to be
stored in a special way or to be handled separately from other food.
2.3
Uniforms and dress codes: Employers should consider whether or not their
policies on clothing, jewellery and hair are d iscriminatory on grounds of
religion or belief. For example, some women are required by their religion to
cover their legs or head, and some men to wear certain headgear or to have
long hair or a beard. Where members of staff come into contact with the
public or need to wear special clothing for health and safety reasons, a dress
code may be easier to justify.
2.4
Prayer facilities: Employers do not have to provide time and facilities for
religious observance but should do so wherever possible. For example, if
there is somewhere suitable, employees should be allowed access to a quiet
place for prayer if they need to pray during the day, provided that this does
not disrupt others or affect the employees' ability to do their job.