Religious Discrimination

It is unlawful to to discriminate in the employment field on the grounds of religion or similar philosophical belief. This has been held to include views on climate change which had a profound impact on the way the adherent lived his everyday life.

Discrimination may take any of the following forms:

Direct discrimination - where someone is treated less favourably on grounds of religion or belief.

Indirect discrimination - where an employer implements a rule or procedure that applies to everyone but adversely affects people of a particular religion or belief and cannot be justified e.g. a requirement to wear a particular kind of headgear where a Sikh wearing a turban cannot comply with this requirement and it is not necessary.

Victimisation - where an employer treats someone differently because they have made or assisted in making a complaint about discrimination.

Harassment- where because of religion or belief an employer behaves in such a manner (or allows others to do so) so as to violates someone’s dignity or to create an intimidating, hostile, degrading, humiliating or offensive workplace.

You can be liable for the discriminatory acts of your employees even if they were done without your knowledge. You can even be liable for the acts of third parties if you know they are happening and do not put a stop to them.

The legislation applies to both employees and job applicants and the damages are potentially unlimited. If the Claimant proves fact from which discrimination could be found unless there is a good explanation to the contrary, the burden is for you to prove you are innocent!

Rees Page can help you put in place robust procedures to limit the risks of a claim arising. We can advise if you are concerned that you could be facing a problem and if a claim is made we can represent you at the employment tribunal.