Key Points an Employer Needs to Know About Religious or Belief Discrimination in England

As an employer, you should ensure that you and your staff do not discriminate against a person based on their religion or beliefs. Religious and belief discrimination is unlawful in all aspects of employment, including from the moment you recruit staff to the moment you dismiss staff. Additionally, you must take all reasonable steps to ensure that others do not discriminate against people due to religion or belief, such as by harassment or victimisation. If you discriminate based on religion or belief, you could face a claim for discrimination at an employment tribunal. This article will explain key points you, as an employer, need to know about religious and belief discrimination in England.

What is Religious or Belief Discrimination?

Religious or belief discrimination is when you treat a person less favourably based on their religion or belief. Religion means any type of religion, but also the absence of religion. Belief refers to a religious or philosophical belief and the absence of any belief. Religious or belief discrimination can occur between people of the same religion or where they both have no religion.

What Counts as a Religion?

To ensure that you do not discriminate in employment based on religion or belief, you need to be clear on what counts as a religion. A religion:

• should have an obvious structure and system of belief;
• includes some sects or denominations; and 
• can vary between people in terms of what the belief or practice constitutes.

What Counts as a Belief?

For a person to have a religious belief, they hold a faith which affects how they live their life. For a person to have a philosophical belief, the belief should be:

• genuine, clear, logical, severe and convincing;
• more than an opinion or viewpoint regarding information which is current;
• a significant aspect of the person’s life; and
• what a democratic society would accept as a belief that does not breach fundamental rights and human dignity.

What Does Religious or Belief Discrimination Look Like?

Religious or belief discrimination can arise in any of the following ways.

Direct Discrimination

Direct discrimination is where you intentionally or unintentionally treat another person less favourably based on their religion or belief. It can manifest as:

• discrimination by association, which is where you discriminate because of the religion or belief a person is associated with; and 
• discrimination by perception, where you discriminate because you believe a person is associated with a religion or belief. 

Indirect Discrimination 

Indirect discrimination is where you intentionally, or more often than not unintentionally, place a group with a particular religion or belief at a disproportionate disadvantage when you apply a policy or practice to a broader group. 

To prove that you are not discriminating in such instances, you have to justify it objectively. This means you must prove that your policy or practice is:

• proportionate;
• appropriate; and
• necessary.

Harassment 

Harassment is when a person receives unwanted conduct due to their religion or belief, which either:

• violates the person’s dignity; or
• creates an environment which is offensive, humiliating, degrading, hostile or intimidating.

Victimisation

Victimisation is where a person suffers a detriment because they have: 

• made or supported a person making an allegation of discrimination; or
• it is thought they will do one of these things.

When is Religious Discrimination Permissible?

There are times in employment when you can discriminate based on religion or belief. One is requiring an employee to be a person with a specific religion or belief. This is an occupational requirement, and you must be able to justify requiring this objectively.

You can also discriminate based on religion or belief where it is genuinely necessary for organised religion. An example is when a Jewish school recruits a headteacher and requires them to be Jewish. This type of discrimination is allowed for:

• selection;
• promotion; and 
• training.

Key Takeaways

Since religious or belief discrimination is unlawful, you must ensure that you do not discriminate based on a person’s religion or belief. Therefore, you should know the key points about religious and belief discrimination to fulfil your legal duty. For example, you should not directly discriminate or victimise someone because they have supported another worker in making a discrimination complaint. You should also remember that two people of the same religion or belief can discriminate against each other. 

If you need help understanding the key points about religious or belief discrimination in England, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. So call us today on 0808 196 8584 or visit our membership page.

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