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IER Conference 3 November 2009 Jo Seery

Religion or Belief Regulations 2003. IER Conference 3 November 2009 Jo Seery. ETS Statistics - 2008 - 2009 R or B claims make up 0.3% of all ET claims Current Issues – Will these be resolved by the Equality Bill?. Introduction. What Is religion? What is belief?

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IER Conference 3 November 2009 Jo Seery

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  1. Religion or Belief Regulations 2003 IER Conference 3 November 2009 Jo Seery

  2. ETS Statistics - 2008 - 2009 R or B claims make up 0.3% of all ET claims Current Issues – Will these be resolved by the Equality Bill? Introduction

  3. What Is religion? What is belief? Nicholson –v- Grainger Sufficient cogency, seriousness, cohesion, importance and worthy of respect in a democratic society – McClintock –v- Department for Constitutional Affairs Popular beliefs/Political beliefs Devine –v- Home Office Who is Covered?

  4. Where on the grounds of the religion or belief of B, A treats B less favourably than he or she treats or would treat other persons – Reg 3 - R or B Regs Associative - Perception Where the less favourable treatment is because of religion or belief – cl. 13 Eq Bill Amnesty International –v- Ahmed Direct Discrimination

  5. As a matter of evidence not to determine liability Actual –v- Hypothetical comparators Azmi –v- Kirklees Metro Borough Council Comparators

  6. Is this covered? Case law experience? McConkey – Simon Community NI London Borough of Islington –v- Ladele Azmi –v- Kirklees Metro Boro Council Article 9 ECHR Manifestations of Belief

  7. Where being of a particular religion or belief is a genuine determining occupational requirement – reg 7(2) Where an employer has an ethos based on religion or belief and having regard to that ethos, the nature of employment or the context in which it is carried out it is proportionate Reg 7 (3) Genuine Occupational Requirement (1)

  8. Narrowly interpreted Glasgow City Council –v- McNab Sheridan and Hender –v- Prospects for People with Learning Disabilities Equality Bill – for the purposes of organised religion Leading or assisting in the observation of liturgical or ritualistic practices of the religion promoting or explaining the doctrine of the religion (whether to followers of the religion or not) No positive duty Genuine Occupational Requirement (2)

  9. Positive Action - if they are “as qualified” Dual discrimination Direct Two grounds only New Concepts

  10. Equality Bill does it deliver? Manifestations of religion or belief Time off ECHR model Over to you… Conclusion

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