Religion or belief discrimination
What is religious discrimination?
Religious discrimination in the workplace occurs when one employee is treated less favourably than another due to their religion – or lack of religion.
Religious discrimination is illegal under the Equality Act 2010. Although the act does not include a definition of “religion” and merely says that “religion means any religion”, the courts have interpreted it to cover the majority of religious beliefs (eg Christianity, Islam, Judaism etc) and non-religious beliefs (eg atheism, agnosticism, humanism etc).
Employees are protected under the Equality Act from any religious discrimination which occurs:
- during the recruitment process
- in the course of employment
- in relation to terms and conditions of employment
- in relation to remuneration
- in connection with training opportunities
- upon redundancy or dismissal
What is philosophical belief discrimination?
Many philosophical beliefs are protected in exactly the same way as religions under this section of the Equality Act. Employers are not allowed to discriminate against any employees on the basis of a variety of philosophical beliefs, including:
- Transgender beliefs (eg whether a man or woman can change their biological sex)
- Veganism (but not vegetarianism)
- Climate change beliefs
- Political views (eg on socialism)
Do I need to tell my employer about my religious beliefs?
You do not 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.
Can I get time off for my religious beliefs?
Your employer does not have to give you time off and facilities for religious observance but they should try to do so where possible. For example, if you need a prayer room and there is a suitable room available you should be allowed to use it, provided it does not disrupt others or your ability to do your job properly.
Am I entitled to religious holidays?
Your employer needs to consider carefully whether they are inadvertently discriminating indirectly. For example, if team meetings always take place on a Friday afternoon this may result in Jewish discrimination or Muslim discrimination with regards to staff for whom Friday afternoon has a particular religious significance.
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.
Can I wear religious clothing to work?
If you wear clothing or jewellery for religious reasons, your employer should make sure any dress code does not cause religious discrimination. A flexible dress code is usually possible, as long as health and safety requirements are not at risk.
What can I do about religious discrimination?
If you think you have been discriminated against, harassed or victimised because of your religion or belief (or lack of religion or belief), or you have a religious requirement that is not being met, you can talk to your employer, your human resources department, or your trade union representative (if you belong to a union).