Discrimination: Religion and belief

You have probably seen the latest news about Donald Trump’s travel ban that affects mostly Muslim countries. At the time of writing, the US Supreme Court has allowed the policy to be implemented in full for the first time, while appeals wrangle on.

It has brought the issue of religion and belief to the forefront.

But it’s not new.

A 2015 study of nearly 2,500 employers and individuals by the Equality and Human Rights Commission found that many people feel uncomfortable showing their faith at work.

  • Wearing religious symbols or expressing beliefs was often frowned upon
  • Many Christian employees were accused of being bigots because of their feelings on homosexuality
  • Jewish and Muslim workers found it hard to get time off work for religious reasons
  • Some atheists and humanists claimed they had received unwanted approaches about converting to religion, or were excluded from company events held in religious buildings

Around half the respondents felt the law should provide greater protection for those with a religion or belief.

What the law says

Under equality legislation, religion and belief are protected characteristics. As protected characteristics, it is unlawful to treat a person less favourably because of their religion or belief.

Under the Act, religion can mean:

  • Organised religion such as Christianity, Judaism, Islam and Buddhism
  • Smaller religion with a clear structure and belief system, such as Rastafarianism and Paganism
  • Non-belief / Lack of religion or belief

A philosophical belief must be cogent, serious and apply to an important aspect of human life or behaviour. It must be genuinely held and more than an opinion. It must also be worthy of respect in a democratic society, and not affect other people’s fundamental rights.

Discrimination is when you are treated differently, whether as a one-off action or as the result of a rule or policy. Discrimination is unlawful even if it’s not deliberate.

In summary, you must not be discriminated against because:

  • You are (or are not) of a particular religion
  • You hold (or do not hold) a particular philosophical belief
  • Someone thinks you are of a particular religion or hold a particular philosophical belief (discrimination by perception)
  • You are connected to someone who is of a particular religion or holds a particular philosophical belief (discrimination by association)

Does your employer strike a good balance between your right to express religious views and the right to be free from discrimination or harassment?

Here are some questions to help you decide:

Can an employer discuss your religion at the recruitment interview?

Yes, religion can be discussed at the interview, but it mustn’t influence the selection decision.

Can you wear a religious symbol at work?

Usually. In most cases you have the right to manifest your beliefs by wearing a religious symbol, even if it’s not ‘on brand’. You will not be able to wear a religious symbol if it interferes with a legitimate business aim such as health and safety.

Can you refuse to carry out a task on religious grounds?

It depends on the nature of the task in question. You will generally not be permitted to refuse a task if the refusal conflicts with another protected characteristic. For example, a registrar can’t legally refuse to participate in civil partnership ceremonies because of their religious beliefs.

Can you insist on a day off for religious worship?

No, there is no absolute rule that your employer should give you a day off for religious worship however they must be able to justify why any such requests have been refused.

Can you insist on prayer breaks?

Maybe. Your employer does not have to provide time off for prayer breaks by law – but if they refuse your request without good reason, it might be indirect religious discrimination.

Does your employer have a duty to prevent harassment based on your religion or belief?

Yes. Harassment on the grounds of religion or belief is unlawful.

Further reading

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Employment Law Solicitors Belfast & Newcastle
Paul Doran Law - The Solicitors For
Employees In Belfast And Newcastle

Employment Law Solicitors Belfast & Newcastle
Paul Doran Law - The Soklicitors For Employees In Belfast And Newcastle

Paul Doran Law are employment law specialists who only act for employees and claimants who find themselves in dispute with their employees. we specialise in assisting employees to ensure that we can obtain the best results for you.

Our solicitors are admitted to the roll in England and Wales and we can act for clients in the Employment Tribunals in Northern Ireland and Scotland.