Summary of the Religion or Belief Regulations

The Religion or Belief Regulations apply to vocational training and all facets of employment. They cover employees, applicants for employment and former employees.  It is unlawful on the grounds of religion or belief to:

• Discriminate directly by treating another person less favourably than others because of their religion or belief.
• Discriminate indirectly by applying a provision, criterion or practice that disadvantages people of a particular religion or belief without good reason.
• Victimise someone because they have made or intend to make a complaint or allegation or have given evidence against someone else in relation to a complaint of discrimination on the grounds of religion or belief.
• Subject someone to harassment.

Discrimination may be permitted in certain limited circumstances

Where discrimination or harassment has been committed by an employee, the employer will usually be liable unless it has taken reasonable steps to prevent such conduct from taking place. The offending employee may also be liable.

Types of discrimination

The Religion or Belief Regulations mirror most other discrimination legislation in terms of the discriminatory acts which are prohibited. There are four distinct types of unlawful discrimination:

• Direct discrimination.
• Indirect discrimination.
• Victimisation.
• Harassment.

Direct discrimination

Direct discrimination occurs where:

• On the grounds of the religion or belief of B or of any other person except A (whether or not it is also A's religion or belief),
• A treats B less favourably than he treats or would treat other persons.

Indirect discrimination

The prohibition on indirect discrimination means that an employer must not have selection criteria, policies, employment rules or any other practices that are ostensibly neutral (in other words they apply to everyone regardless of religion) but have the effect of disadvantaging employees or job applicants of a particular religion or belief, unless the employer can show that they are justified.

Indirect discrimination will occur where A applies to B a provision , criterion or practice (PCP) that:

A applies or would apply equally to persons not of the same religion or belief as B.

Puts or would put persons of B’s religion or belief at a particular disadvantage when compared to other persons.

Puts B at that disadvantage.

A cannot justify by showing it to be a proportionate means of achieving a legitimate aim.

Harassment

It is unlawful to harass someone on grounds of religion or belief.

Harassment is defined as:

• Unwanted conduct

• On grounds of religion or belief

• Which has the purpose or effect of either violating another person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.

Victimisation

Victimisation occurs where a person is treated less favourably than other persons because they have done, intend to do, or are suspected of doing or intending to do, any of the following protected acts:

• Bringing proceedings against the discriminator or any other person under the Religion or Belief Regulations.
• Giving evidence or information in connection with proceedings brought by any other person against the discriminator or any other person under the Religion or Belief Regulations.
• Otherwise doing anything under or by reference to the Religion or Belief Regulations in relation to the discriminator or any other person.
• Alleging that the discriminator or any other person has committed an act that would amount to a contravention of the Religion or Belief Regulations.

There is no protection if a person makes allegations or gives evidence which they know to be false, but a person who complains mistakenly but in good faith about discrimination is protected.

A common example is where someone is disciplined at work or is merely passed over for promotion because they have raised a complaint against their employer in the employment tribunal. It is not necessary that proceedings have been brought. Informal complaints of unlawful discrimination made to management, or the provision of information supporting such complaints will suffice. A person will be able to bring a claim even if the original complaint of discrimination or harassment which led the alleged victimisation was ill – founded, provided that it was made in good faith.