Discrimination for Religion or Belief
The Employment Equality (Religion or Belief) Regulations 2003 come into effect from 2nd December. These Regulations make it unlawful for employers to discriminate against a person on the grounds of religion or belief. ‘Religion or belief’ means any religion, religious belief or similar philosophical belief.
Direct discrimination occurs when a person is treated less favourably than others because of their religion or belief. Such discrimination cannot be justified except where there is a genuine occupational requirement (i.e. where it is necessary for the relevant duties to be carried out by someone of a specific religion or belief).
Indirect discrimination occurs where a provision, criterion or practice puts persons of a particular religion or belief at a disadvantage and cannot be shown to be a proportionate means of achieving a legitimate aim.
Harassment occurs when there is unwanted conduct on the grounds of religion or belief which violates the person’s dignity and creates an intimidating, hostile, degrading, humiliating or offensive environment.
Victimisation occurs if a person is treated less favourably than others because he or she has brought or has given evidence in proceedings relating to the Regulations.
The employer will be liable for the unlawful acts of its employees except where it took such steps as were reasonably practicable to prevent the employee from doing that act. In the event of a breach, applications to tribunals must be brought within 3 months of the act complained of.
Deborah Driscoll
Legal Department