Discrimination based on religion or belief takes place when someone is treated unfairly due to their religion, beliefs, or lack of belief. This practice is prohibited under the Equality Act 2010, which protects employees and job applicants from workplace discrimination.
Religious discrimination is one of the most common types of unlawful discrimination in the workplace, often caused by misunderstandings of different religions, which can unintentionally result in rules and practices discriminating against certain groups.
Employers must be mindful of the religious and philosophical beliefs held by their employees and should carefully address any workplace issues that may emerge as a result of these beliefs. Additionally, they should make reasonable accommodations, including provisions for prayer times, religious clothing or the observance of holidays. Striking a balance between these needs and business requirements necessitates thoughtful consideration to prevent allegations of unfair treatment.
In this guide, we examine what religious discrimination is, providing illustrative examples of how it can occur in the workplace. We also outline employers’ responsibilities in this context and offer practical steps to prevent religious discrimination from arising in the workplace.
Religious Discrimination in the Workplace
The Equality Act 2010 (the “EqA”) safeguards individuals against discrimination in the workplace due to religion or belief. This form of discrimination may manifest as a regular pattern of behaviour or as an isolated incident, and includes all aspects of employment, including recruitment, training and promotion. It can take place in the workplace, during work-related socials or while people are working remotely. Furthermore, a person may face discrimination from another individual who shares the same religion or belief, such as someone who adheres more strictly to the faith or belongs to a different sect within that religion.
The Act applies to all categories of staff, including employees, workers, contractors, partners and directors, but not volunteers. Furthermore, there is no qualifying period of service necessary before an individual is protected from discrimination.
How are Religion and Beliefs Defined?
The EqA not only recognises mainstream beliefs and organised religions, such as Christianity, Islam, Judaism, and Hinduism; lesser-known religions or sects, including Jehovah’s Witnesses, Paganism, and Scientology, are also protected, as long as they have a defined structure and belief system. Furthermore, the concepts of religion and belief also include a lack of religion, such as atheism.
The law also extends to philosophical beliefs, provided they are:
- Genuinely held
- Significantly influences how a person lives or perceives the world
- It is a serious and weighty belief, not merely an opinion based on current information
- Acceptable in a democratic society, i.e. it must respect other people’s fundamental rights.
Historically, employment tribunals have found ethical veganism, anti-Zionism, and gender critical beliefs to be legally protected. Conversely, allegiance to a country, support for a sports team and affiliation with a political party do not receive such protection.
The Different Types of Religious or Belief Discrimination
The different types of religious or belief discrimination that frequently occur in the workplace are direct discrimination, indirect discrimination, harassment and victimisation.
Direct Discrimination
This involves treating someone less favourably because of their religion or belief, compared to someone who does not share that belief. For example, an employer might refuse to hire someone for a job because of their religious affiliation.
Discrimination against someone because of a ‘perceived’ protected characteristic, i.e. where a person is perceived to belong to a certain religion or is thought to hold certain beliefs, regardless of whether this is actually the case, can also amount to direct discrimination. For instance, this occurs when an employer treats a person unfavourably due to the belief that they are Muslim, while in reality, that individual is Sikh.
Indirect Discrimination
This is where a policy or practice places individuals of a particular religion or belief at a disadvantage, even if there is no intention to discriminate. For instance, a workplace policy mandating that all male employees must be clean-shaven, which puts members of certain religious sects at a disadvantage, could be regarded as indirect discrimination.
In these circumstances, an employer may be able to defend their decision if they can demonstrate that the policy or working method is essential for the business to operate. This is referred to as objective justification and applies solely to indirect religious discrimination; direct religious discrimination, harassment, and victimisation cannot be justified. Therefore, if an employer mandates that all employees work on a religious holiday, they must show that this requirement is necessary for the business operations and that there are no other reasonable alternatives to ensure the business can function during that time.
Harassment
Harassment occurs when there is unwelcome conduct related to someone’s religion or belief that violates their dignity or creates a hostile environment. This includes making derogatory or insensitive comments about someone’s religious convictions. It often arises from deliberate actions; however, even actions or statements made innocently or unintentionally can still be considered unlawful conduct.
Harassment may be classified as a crime if someone has endured a religious hate incident, which could include physical or verbal abuse, threats of physical violence, online abuse, or damage to their property.
The EqA states that employers can be held liable for the religious or belief harassment of their employees by third parties, such as clients, customers, patients, or suppliers who are not part of the workforce. If an employer was aware, or ought to have been aware, that an employee had been harassed during their employment on at least two prior occasions by a third party (not necessarily the same individual or the same type of harassment each time) and has neglected to take reasonable measures to prevent its recurrence, they may be accountable under the EqA.
Victimisation
Victimisation occurs when an individual is treated less favourably because they have made a complaint or are perceived to have made a complaint regarding religious discrimination, irrespective of whether this was actually the case.
Examples of Religion or Belief Discrimination
Religion or belief discrimination involves unfair treatment based on someone’s religious or philosophical beliefs, including being denied a job, being passed over for a promotion, or being subjected to harassment or bullying. Examples of instances where religious or belief discrimination may be found include the following:
- A requirement that staff wear certain attire that conflicts with religious beliefs, for example, requiring women to wear short skirts, which may be inconsistent with religious dress codes
- A refusal to allow time off for religious observances, especially if the employee can make up the time
- Rude remarks or jokes about someone’s religion, or otherwise making them feel uncomfortable
- A requirement that staff remove religious symbols from their clothing (unless they are justifiable for health and safety reasons)
- Establishing working hours that prevent an individual from working due to their religious beliefs
- Exclusion of staff from work social events because they do not drink due to religious beliefs
- A refusal to promote someone because they take breaks for daily prayers
Employee Rights in Respect of Religion or Belief
Employees are entitled to hold and express their religious beliefs in the workplace, within reasonable limitations. Employers should not discriminate against employees based on their religion or beliefs. They are also required to make reasonable accommodations for religious practices, including time off for religious observances or breaks for prayer. Moreover, employees have the right to decline certain job responsibilities if they conflict with their religious beliefs, although this must be balanced against the employer’s need to maintain the efficient functioning of the business. Finally, employees are entitled to work in an environment free from religious harassment or intimidation.
What Should Employers Do To Prevent Religious Discrimination?
There are several steps employers can take to prevent or minimise any incidence of religious discrimination in the workplace, including:
- Developing clear and up-to-date policies on equality, diversity, and the expression of beliefs in the workplace that clarify that discrimination, harassment, and victimisation based on religion or belief will not be tolerated. The policy should include illustrative examples of what constitutes discrimination, as well as the consequences of discriminatory behaviour.
- Making staff aware of how to report religious discrimination, for example, signposting staff to the workplace grievance procedure. Staff should also be reassured that complaints will be taken seriously and can be made without fear of reprisal.
- Reviewing existing workplace policies to ensure that they do not inadvertently discriminate against any faith or belief.
- Making reasonable accommodations for religious observance, such as allowing time off for religious holidays, dietary restrictions, providing prayer facilities or adapting dress codes to permit religious attire as long as these modifications do not create excessive difficulty for the business.
- Providing diversity training both to managers and staff about the importance of respecting different beliefs can help eliminate religious discrimination in the workplace.
- Fostering a safe and inclusive working environment. Employers may not always be directly responsible for religious discrimination, but they still have a duty to ensure that their employees have a safe and inclusive working environment free from harassment and victimisation. This means taking reasonable steps to prevent this type of unlawful conduct from taking place at work, including harassment by other members of staff, and even third parties such as customers or clients.
- Supporting and celebrating religious diversity. Actively celebrating the diverse ways people live their lives or perceive the world can help create an environment where everyone feels valued. This may include offering information to assist in staff comprehending the importance of certain festivals observed by colleagues of different faiths.
Making and Handling A Religion or Belief Discrimination Complaint
Both employees and employers have important roles to play when it comes to addressing and resolving issues of religious or belief discrimination in the workplace. It all starts with lodging a complaint.
Making a Complaint
If you are experiencing religious discrimination at work, the initial step is to document the incidents and think about discussing the matter with your manager or a member of the HR department. If the problem remains unresolved through informal channels, you have the option to file a formal grievance in line with your employer’s established procedures. If you belong to a trade union, they can help you in lodging the complaint and negotiating with your employer. Alternatively, organisations such as Acas, the Equality Advisory Support Service (EASS), or the Citizens Advice can offer guidance and support concerning discrimination.
If the grievance process does not yield a successful outcome or if you believe you have a compelling discrimination case, you may consider submitting a claim to an employment tribunal. Nevertheless, it is essential to seek legal advice before initiating a claim, given the strict time limits and procedural requirements involved.
Handling a Complaint
Employers dealing with a discrimination claim must be mindful of all involved parties and set aside their personal religious or philosophical beliefs to ensure an objective handling of the complaint.
Every complaint of discrimination must be taken seriously and dealt with promptly. Employers are required to investigate the complaint thoroughly, offer counselling or other support to assist the employee in managing the situation and respect the employee’s privacy to the greatest extent possible. Should discrimination be confirmed, disciplinary measures should be implemented against the perpetrator, and if suitable, remedies should be provided to the employee to rectify the harm inflicted by the discrimination.
Support From Our Employment Law Team
We recognise the significant impact that discrimination can have on both individuals and organisations. Whether you are a business with concerns regarding religious or belief discrimination in the workplace, or an individual who feels you have encountered discrimination at work, our employment law team is here to help.
For additional information on religion or belief discrimination and to schedule a free consultation, contact us on 0300 303 2071 or email us.
