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Summary of legislation
Discrimination against an employee or job candidate on the grounds of their religion or belief is unlawful.
The regulations in this field apply to discrimination on grounds of religion, or religious or philosophical belief (the requirement for philosophical beliefs to be similar to religious beliefs was removed by the passing of Part 2 of the Equality Act in 2006). 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. It is also illegal to discriminate on the grounds of religion or belief in the provision of goods, facilities and services, and the disposal and management of premises.
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 refusing to promote somebody because of their religion.
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. Examples of this may be found in the policies employers adopt regarding uniforms or codes of dress.
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, e.g. made a formal complaint of discrimination or given evidence in a tribunal case
The UK regulations on religion & belief in the workplace can be downloaded here.
Discrimination on grounds of religion and belief in relation to the provision of goods and services was outlawed under the Equality Act 2006.
The Equality and Human Rights Commission, which came into being in October 2007, is guardian of the UK's discrimination legislation.
ACAS has produced guidance for employers on matters of religion & belief and the regulations.
© 2007 EFRB
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