If you believe you have been treated less favourably because of your religion or beliefs, contact one of our solicitors for advice.
The laws relating to religious discrimination (found in the Equality Act 2010) protect a wide range of individuals, including employees. They apply to all facets of employment, including recruitment, promotions and dismissals.
Protection is available in respect of "religion", "religious belief" or "philosophical belief".
Under the Equality Act 2010, an employer is not allowed to:
- Discriminate directly by treating a job applicant or employee less favourably than others because of religion or belief.
- Discriminate indirectly by applying a provision, criterion or practice that disadvantages job applicants or employees of a particular religion or belief without a good reason.
- Subject a job applicant or employee to harassment related to religion or belief.
- Victimise a job applicant or employee because they have made or intend to make a religion or belief discrimination complaint.
Religion or belief discrimination may be permitted in certain limited circumstances. For example:
- Where there is an occupational requirement (OR) for an employee to be of a particular religion or belief.
- Positive action, but not positive discrimination, may be permitted to address existing inequalities.
- Where the job is for a teacher in a denominational school.
- Special rules apply to Sikhs working on building sites (see Sikhs and safety helmets).
If one employee discriminates against or harasses another, the employer will be liable unless it has taken reasonable steps to prevent such conduct from taking place. The offending employee may also be liable.
If a job applicant or employee is successful with a religion or belief discrimination claim, an employment tribunal will generally make an award of compensation (including a sum for injury to feelings). The tribunal may also (or instead) make a declaration as to the parties' rights and/or make an appropriate recommendation.
