Prevent discrimination and value diversity

Discrimination on the grounds of religion or belief

Discrimination against an employee or job candidate on the grounds of their religion or belief became unlawful from December 2003 under the Employment Equality (Religion or Belief) Regulations.

The regulations apply to discrimination on grounds of religion, religious belief or similar philosophical belief. They cover discrimination on grounds of perceived as well as actual religion or belief and the religion or belief of someone with whom the person associates.

As with other forms of discrimination, the new legislation recognises both direct and indirect discrimination on the grounds of religion or belief.

Direct discrimination may occur in areas such as recruitment, selection, training, promotion, selection for redundancy or dismissal when someone is treated less favourably than another because of their actual or perceived religion, religious or philosophical beliefs. An example of this would be where an employee is dismissed on grounds of misconduct for taking leave for a religious occasion.

Indirect discrimination occurs when an employer applies a provision, criterion or practice which disadvantages people of a particular religion or of particular religious or philosophical beliefs and which cannot be justified.

The regulations also outlaw:

• harassment - unwanted conduct that violates people's dignity or creates an intimidating or offensive atmosphere
• victimisation - treating people less favourably because of something they have done under or in connection with the regulations, eg made a formal complaint of discrimination or given evidence in a tribunal case

There are no length-of-service or age requirements in bringing a claim and where the claimant is an employee, they do not need to have left your employment.

Subjects covered in this guide

• Introduction
• Discrimination in recruitment and induction
• Sex discrimination
• Age discrimination
• Discrimination against disabled people
• Discrimination on the grounds of race
• Discrimination on the grounds of religion or belief
• Discrimination on the grounds of sexual orientation
• Discrimination over membership or non-membership of unions
• Discrimination in day-to-day working practices

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