Post by warriorwitch on Jul 4, 2006 9:11:03 GMT
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Employees
Religion or belief discrimination It’s against the law for an employer to discriminate against you because of your religion or certain beliefs Find out about your rights and what you can do if you're worried about religion or belief discrimination.
How does the law define religion or belief?
Employment law defines religion or belief as any religion, religious belief or similar philosophical belief. There’s no specific list, but it includes all major religions, and less widely practised ones.
If it’s uncertain what counts as a religion or belief under law, an Employment Tribunal can decide.
Types of discrimination
Direct discrimination
You have the right not to be treated less favourably than someone else (eg not being promoted) because of your religion or belief, your ‘perceived’ religion or belief, or the religion or belief of people you associate with.
However, direct discrimination is allowed where religious belief is a necessary requirement for the job. For example, a Roman Catholic school may be able to restrict applications for a scripture teacher to baptized Catholics.
Indirect discrimination
You have the right not to be disadvantaged by a policy at work because of your religion or belief. If you’re a devout Muslim or Sikh for example, a head-covering policy for all employees could discriminate against you.
This kind of indirect discrimination may be unlawful, whether or not it’s done on purpose. It’s only allowed if it’s necessary for the way the business works.
Harassment and victimisation
You have the right not to be bullied or made fun of at work or in a work-related setting (for example, a social event) because of your religion or belief.
You also have the right not to be victimised. You shouldn’t be treated less favourably because you’ve complained (or been involved in a complaint) about religion or belief discrimination.
If you’re bullied or victimised in the mistaken belief that you’re a member of another religion, you may also be protected under race discrimination laws. For example, following recent world events, some Sikhs have suffered abuse because they were mistakenly thought to be Muslim.
Bullying in the workplace – read more
More about racial discrimination
Read guidance on resolving disputes in the workplace
Employment practices and religion
Giving information to your employer
You don’t have to give information to your employer about your religious beliefs, but if you do, it will help them meet the needs of religious employees. Any information you give should be confidential (and anonymous if possible).
Time off and facilities
Employers don’t have to provide time and facilities for religious observance (eg a prayer room), but they should try to do so where possible. For example, if there’s a suitable room you should be allowed to use it, provided it doesn’t disrupt others or your ability to do your job properly.
Organisations should consider carefully whether they are inadvertently discriminating indirectly. For example, if team meetings always take place on a Friday afternoon this may discriminate against Jewish and Muslim staff for whom Friday afternoon has a particular religious significance, although not everyone follows their faith in the same way. Employers will not escape liability in an Employment Tribunal by showing that discrimination was inadvertent or accidental.
Religious holidays
If you want time off for religious holidays, ask well in advance. Your employer should consider your request sympathetically – but they can refuse if it will affect the business.
Clothing
If you wear clothing or jewellery for religious reasons, your employer should make sure any dress code doesn’t discriminate against you. A flexible dress code is usually possible, as long as health and safety isn’t at risk.
Food
Some religions don’t allow you to eat certain foods. If you don’t want to handle such food (for example, if you work in a supermarket and don’t want to handle pork), speak to your employer. They might be able to manage your request, provided it doesn’t affect the business.
Religion and sexual orientation in the workplace
Some people may have particular views on sexual orientation because of your religious beliefs. However, people shouldn’t treat, for example, gay or lesbian colleagues differently. In the workplace, everyone has the right to be treated with respect, no matter what their sexual orientation.
More about sexual orientation
What to do next
If you think you’ve been discriminated against because of your religion or belief, or you have a religious requirement that isn’t being met, you can talk to:
your employer
your human resources department
your trade union representative (if you belong to a union)
Keep a written record of any bullying or harassment. You should also tell your employer about any medical help you seek as a result of bullying.
If possible, try to resolve the matter informally, but if not, you can follow your employer’s grievance procedure.
As a last resort, if you feel you’ve been discriminated against, you can make a claim at an Employment Tribunal.
More about resolving a problem at work
Where to get help
The Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on all employment rights issues. You can call the Acas helpline on 08457 47 47 47 from 8.00 am to 6.00 pm Monday to Friday.
Acas (opens new window)
Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.
Find your local Citizens Advice Bureau (opens new window)
Seek legal advice from a Solicitor or Advice Agency on discrimination issues
Seek legal advice
If you are a member of a trade union, you can get help, advice and support from them.
More about trade unions
More useful links
Detailed guidance on discrimination at work from the Department of Trade and Industry (DTI) (opens new window)
More about religious discrimination (PDF, 320K) (opens new window)
Help with PDF files
Advice for employers on religious discrimination from Business Link (opens new window)
In this section...
Introduction to discrimination
Racial Discrimination
Sex discrimination and equal pay
Disability discrimination at work
Age discrimination
Sexual orientation discrimination
Bullying in the workplace
Human rights in the workplace
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Discrimination at work
See also...
Diversity and discrimination (rights and responsibilities section)
Workplace stress
Work and families
Protection of whistleblowers
Your right to join (or not to join) a trade union
Do it online
File your tax online (opens new window)
Find schools, childcare and nurseries
Find a course
List of services available online...
Useful contacts
Acas (Advisory, Conciliation and Arbitration Service)
Equal Opportunities Commission
Disability Rights Commission
Commission for Racial Equality
Age Positive
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