The Employment Equality (Religion or Belief) Regulations 2003

Under the regulations ‘religion or belief’ covers;
• Any religion, religious belief, or similar philosophical belief.

This takes into account;
• Collective worship
• Clear belief system
• Profound belief affecting way of life/view of world

The legislation protects against direct and indirect discrimination, harassment and victimisation on the grounds of religion or belief throughout all aspects of the employment relationship, including recruitment, retention, promotion, terms and conditions and vocational training. (See ‘Recognising Discrimination’ for a definition of the main types of discrimination.)

Equality Act 2006
This provides protection for those who hold a recognized religion or belief and those who do not. It leaves the definition open to including political belief, but this is yet to be established by case law.

Religious observance in the workplace:
There is no requirement for employers to provide time and facilities for religious or belief observance in the workplace, but policies and practice should be audited to guard against potential indirect discrimination. This would also apply to any dress code that exists.

Regarding time off for religious festivals, employers must reasonably consider leave requests and balance the needs of the individual against those of the organisation.

There are five exemptions to the principle that people should not be discriminated against because of their religion or belief:
• genuine occupational requirement (GOR)
• the religious organisations’ GOR
• positive action
• protection of Sikhs on construction sites
• national security

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