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Religious Discrimination

Explore the legal framework surrounding religious discrimination in the UK, including cases, regulations, and exceptions. Learn about key concepts such as direct and indirect discrimination, harassment, and exceptions based on genuine occupational requirements.

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Religious Discrimination

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  1. Religious Discrimination Professor Lucy Vickers Oxford Brookes University

  2. The Employment Equality (Religion or Belief) Regulations 2003 • Approx. half of cases dealt with by ACAS brought by Muslims • Other claims by Christians, Jews, Hindus, Sikhs and ‘non-Catholics’ claiming against Catholic schools. • Claims have included bullying and harassment, verbal abuse, giving individuals impossible deadlines, subjecting claimants to increased scrutiny, denying access to training, refusing holiday requests, and disputes over dress codes. • (ACAS Research Paper 2007)

  3. Definition of Religion or Belief • ‘any religion, religious belief, or philosophical belief,’ • amended in Equality Act 2006 from ‘religion or similar philosophical belief’ • includes reference to a lack of a religion or belief. • ECHR suggests that beliefs must have sufficient ‘cogency, seriousness, cohesion and importance’. • Devine v Home Office

  4. Religion or Belief Regulations • Direct Discrimination • Indirect Discrimination • Requirements to work on Saturdays or Sundays • Disputes over dress or grooming codes Azmi v Kirklees Metropolitan Council • Justification and proportionality standards

  5. Religion or Belief Regulations • Harassment • potential conflict with sexual orientation harassment, freedom of expression and freedom of religion • Ladele v. London Borough of Islington [2008] • Victimisation

  6. Exception for genuine occupational requirement • The standard exception: • religious requirement is a genuine and determining occupational requirement and it is proportionate to apply that requirement in the particular case • The Religious Ethos Organisation exception • religious requirement is genuine and it is proportionate to apply that requirement in the particular case • Glasgow City Council v McNab

  7. Exception for genuine occupational requirement • Exceptions do not allow discrimination on any other ground • Except ‘for the purposes of on organised religion’ see Regulation 7(3) Sexual Orientation Regulations • Amicus • Reaney v Hereford Diocesan Board of Finance

  8. Further developments • Equality Act 2006 introduces protection against religious discrimination in the provision to the public of goods, facilities or services, and the provision of premises. • Exception for non-commercial of organisations relating to religion or belief, where necessary to comply with the religion or to avoid offence on grounds of religion.

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