Equality - Religion or Belief
EQUALITY ACT 2010 – Religion or Belief
Religion or belief is a protected characteristic under the Act and all types of discrimination listed in the Introduction to this section are unlawful when used to discriminate against anyone on the grounds of their religion or belief. Service providers and employers must ensure that they do not allow their workers or representatives to discriminate on these grounds as they could be vicariously liability for the consequences.
The Act provides that:
(a) Religion means any religion and a reference to religion includes a reference to a lack of religion and
(b) Belief means any religious or philosophical belief and a reference to belief includes a reference to lack of belief.
It will be seen that protection is provided to those who do not follow a particular religion or have no religion at all as well as to those who do not share a particular belief.
The Employment Appeal Tribunal has ruled that a belief in man-made climate change and the alleged moral imperatives is capable, if genuinely held, of being a philosophical belief. In another case it was held on appeal that a spiritualist’s genuinely held beliefs were capable of falling into the category of religious or philosophical belief.
For all employers it is important to give due consideration to any “minority” or “fringe” viewpoints genuinely held by employees where they might amount to religious or philosophical beliefs and where discrimination could arise because of those beliefs.
In an effort to alleviate any potential discrimination, whether direct or indirect or in the form of harassment or victimization, it is important for employers to introduce equality policies, provide appropriate training to staff and be open and transparent in matters of recruitment, promotion and training.
ACAS has produced guidance documents and further information can be obtained from its website: www.acas.org.uk
All PBS information sheets are designed to provide the detail you need to implement best business and employment practices. They are not a detailed commentary on the current law and where advice is needed in a specific case you should contact PBS for expert consultation.
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