Religious Discrimination Law
by Waqar Azmi OBE
New Employment Equality Law Explained
The new Employment Equality (Religion or Belief) Regulations 2003 came into force on 2nd December 2003 prohibiting discrimination [direct or indirect], harassment and victimisation on grounds of religion or belief in employment and vocational training. The term ‘religion or belief’ is defined in the regulations as ‘any religion, religious belief, or similar philosophical belief’. This, however, does not include philosophical or political beliefs unless they are similar to a religious belief. Therefore, single-issue campaigners such as anti-abortion campaigners will not be covered.
Who is Protected?
The regulation protects all people from religious discrimination – those who have no belief as well as those who have beliefs. There are grey areas for a few on what constitutes a religion e.g. Druids, Pagans and Rastafarians. Whilst the Department of Trade and Industry (DTI) has issued guidance it is left to the courts to decide on a case-by-case basis.
The regulation covers all areas of employment: during the recruitment process, in the workplace, on dismissal and, in certain circumstances, after the employment has finished. The rules apply to terms and conditions, pay, promotion, transfers, training and dismissals.
The regulation covers amongst others, all employers, employment agencies, qualification bodies and providers of vocational training. However, there are exceptions and discrimination is allowed in some areas. For example, where there is a genuine reason for an employee to be of a particular religious belief like a priest or perhaps a teacher in a religious school.
What To Do if You Have Been Discriminated Against
Those who feel they may have been discriminated against because of their religion or belief can submit a complaint to an employment tribunal or a county court. However, the burden of proof lies on the employer.
This means that rather than the employee proving there has been discrimination, the employer has to demonstrate s/he has not violated the law - so employers may be held liable, unless they can prove that they took reasonable steps by integrating equality and diversity into everything they do, providing training to staff and carrying out diversity recruitment to prevent discrimination.
For further information visit:
- ACAS website http://www.acas.org.uk or contact them by phone on 08475 474747
- TUC website http://www.worksmart.org.uk
- DTI website at http://www.dti.gov.uk/er/equality/index.htm
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