It is unlawful to discriminate against anyone for their religion or belief, as well as an individual’s lack of religion or belief, in accordance with the Equality Act 2010.
In a work environment, all employees should be protected against discrimination of their religious faith or philosophical belief. This ensures that all aspects of religion and philosophy are equal, and that one employee’s faith or belief does not dominate another, including their superiors’ religion or belief.
In respect of philosophical beliefs, an individual or group must show substantial evidence of their belief system being a dominant aspect in their lives. This should also ensure that their belief does not conflict with the fundamental rights of their colleagues. The main focus areas to consider when dealing with religion or belief discrimination include:
Recruitment
- Discrimination can easily occur during the application process. For example, a candidate notes down on their application form that they have no religious faith. This results in the candidate not receiving an interview, as the company may, for example, have strong Christian views.
- Before hiring a candidate, an employer must make them aware of all mandatory hours and duties. In some cases, an employee can request to opt-out of certain duties which conflict with their faith or belief. For example, some religions do not allow contact or consumption of meat or alcohol. An employer must take this in to consideration and decide whether the request is reasonable. If they do not consider the request nor give valid reasoning, this may be cause for discrimination.
- Discrimination can also occur after the hiring process, as a company may, for example, employ someone of a Jewish faith, whilst agreeing to accommodate their religion. However, they fail to consider the employee’s religion, and schedule them to work late on a Friday. This would mean they would have to work during Shabbat (the Jewish Sabbath). The employee refuses to work late, resulting in their dismissal, could be discriminatory.
Conduct
Religious or belief discrimination frequently occurs within the workplace, which usually result in the following types of discrimination:
- Direct Discrimination – When somebody treats an individual or group unfairly as a direct response to their religion or belief system.
- Indirect Discrimination – When the organisation’s policies and procedures discriminate against a particular religion or belief.
- Harassment – When an employee faces unwanted conduct from another staff member, in relation to their religion or belief, making their work environment uncomfortable and distressing.
- Victimisation – When an employee is treated in an unfair manner due to them making or supporting a complaint in relation to religion or belief.
Dress Code and Appearance
- Employers should consult and make staff aware of their policies and procedures in relation to the company dress code and appearance, whilst also considering their conditions regarding the specific dress code relating to the religion or belief of all staff members. If employers fail to come to an agreement with their employees regarding dress code, this could result in a discrimination case.
- For example, at a fast-food restaurant all employees are required to wear a uniform, which includes a short sleeve t-shirt and a cap. A female employee of Islamic faith wears a cardigan to cover her arms, along with her hijab, the employer refuses to make an agreement with the employee, and instead requests that the employee remove unauthorised items of clothing or they will face dismissal. This is discrimination of religion.
Breaks and Time off
- Although an employer is not legally required to give time off for religious holidays or allow breaks for prayer, employees should still be able to request such conditions. On receipt of a request, an employer should consider the conditions carefully and evaluate whether or not the organisation can accommodate for breaks or time off. If an employer does not give a valid reason for refusing the employee’s request, this can be cause for discrimination.
- Some religions involve fasting periods, although an employer only has to cater to this to a certain extent. As long as they have the facilities in place, they should provide a clean seating area for breaks, which can accommodate all staff including those who are fasting. Any employee who is fasting should inform their employer for health and safety reasons.
If you feel as though you have experienced any of the above, you must inform the appropriate person of your complaint in the form of a grievance letter or meeting. Allow your employer to deal with the complaint on an informal basic first, however if you are dissatisfied with how your complaint has been dealt with you can take it to an Employment Tribunal.
Here at Three Graces Legal we can help anyone who has experienced religion or belief discrimination in the workplace.
Please contact us on 0151 659 1070 to see how we may be of assistance.
