News - Legislation |
Religion or belief discrimination 2 December 2003
2 December 2003: a new form of discrimination in the workplace outlawing
direct and indirect discrimination and harassment before, during and sometimes
after employment.
Religion or belief discrimination
On 2 December 2003 unlawful discrimination on the grounds of religion or belief was introduced. It applies to employment and includes recruitment, terms and conditions, promotions, dismissals and vocational training.
Religion or belief is:
• any religion;
• any religious belief; or
• any similar philosophical belief, which is similar to a religious belief.
The new law covers:
Direct discrimination: where the employer (or potential employer) treats someone less favourably because of his or her religion or belief.
Indirect discrimination: this is where an apparently neutral provision criterion or practice is applied equally but puts or would put someone at a disadvantage because of his or her religion or belief, puts that person at a disadvantage and is not a proportionate means of achieving a legitimate aim.
Harassment: this occurs where because of a person's religion or belief, someone engages in unwanted conduct that has either the purpose or the effect of violating the other's dignity or creating an intimidating, hostile, humiliating, degrading or offensive environment for that person.
Victimisation: this is where someone is victimised because he or she has made a complaint or allegation or has given evidence against someone else in a complaint of discrimination on the grounds of religion or belief.
As with other forms of discrimination, it is unlawful to discriminate against someone after the employment has ended as long as the discrimination arises out of and is closely connected to the employment relationship.
There is only a very limited exception, i.e. if there is a genuine occupational requirement for someone to be of a particular religion or belief in order to do the job.
If you would like to see the Regulations, here's the link:
www.hmso.gov.uk/si/si2003/20031660.htm
ACAS has produced a helpful guide at www.acas.org.uk/publications/pdf/guide_religionB.pdf
