Discrimination on the grounds of religion or belief became unlawful in employment and vocational training in December 2003.
Religion or belief is not explicitly defined in the regulations but is generally considered as being any religion, religious belief or similar philosophical belief. Tribunals will take a number of factors into account, such as: collective worship, a clear belief system and a profound belief affecting ways of life.
The principles of discrimination on the grounds of religion or belief, are that employers must not subject individuals to less favourable treatment based on:
- a person's religion or belief;
- the perception (that could be mistaken) of a person's religion or belief;
- a person's association with someone of a particular religion or belief;
- a refusal by a person to comply with a discriminatory instruction.
Individuals are protected against discrimination, both direct and indirect, victimisation and harassment. The regulations also allow, in certain circumstances, protection from discrimination or harassment after the working relationship has ceased, for example by refusing to provide a reference.
Employers should consider whether any of their policies, practices or procedures indirectly discriminate against staff or particular religions or beliefs.
Good practice in the workplace includes considering employee requests for holidays to celebrate religious festivals, taking into account specific dietary requirements of employees (including storage of food), considering the practicality of having a quiet room for prayer, supporting employees who are fasting and reviewing dress codes to enable employees - where possible - to wear clothes consistent with their religion.
Links
- ACAS
- Civil Service Diversity: What Works
- News, contacts and links on equality and diversity in employment in the Civil Service.
- Department for Business Enterprise and Regulatory Reform
- nformation on the Employment Equality (Religion or Belief) Regulations 2003.
- Equality Challenge Unit
- Provides advice and support on Equality issues to universities and higher education colleges.
- Office of Public Sector Information
- Includes information on legislation regarding religion and belief.
- Scottish Inter-Faith Council
- The Council seeks to advance public knowledge and mutual understanding of the teachings, traditions and practices of the different faith communities in Scotland including awareness of both their distinctive features and of their common ground and to promote good relations between persons of different religious faiths.
