Religious Discrimination

Professor Lucy Vickers

Oxford Brookes University

The Employment Equality (Religion or Belief) Regulations 2003

• Approx. half of cases dealt with by ACAS brought by Muslims

• Other claims by Christians, Jews, Hindus, Sikhs and ‘non-Catholics’ claiming against Catholic schools.

• Claims have included bullying and harassment, verbal abuse, giving individuals impossible deadlines, subjecting claimants to increased scrutiny, denying access to training, refusing holiday requests, and disputes over dress codes.

• (ACAS Research Paper 2007)

Definition of Religion or Belief

• ‘any religion, religious belief, or philosophical belief,’– amended in Equality Act 2006 from ‘religion or

similar philosophical belief’

• includes reference to a lack of a religion or belief.

• ECHR suggests that beliefs must have sufficient ‘cogency, seriousness, cohesion and importance’.

• Devine v Home Office

Religion or Belief Regulations

• Direct Discrimination• Indirect Discrimination

– Requirements to work on Saturdays or Sundays

– Disputes over dress or grooming codesAzmi v Kirklees Metropolitan Council

• Justification and proportionality standards

Religion or Belief Regulations

• Harassment – potential conflict with sexual orientation

harassment, freedom of expression and freedom of religion

– Ladele v. London Borough of Islington [2008]

• Victimisation

Exception for genuine occupational requirement

• The standard exception: – religious requirement is a genuine and determining

occupational requirement and it is proportionate to apply that requirement in the particular case

• The Religious Ethos Organisation exception– religious requirement is genuine and it is

proportionate to apply that requirement in the particular case

• Glasgow City Council v McNab

Exception for genuine occupational requirement

• Exceptions do not allow discrimination on any other ground

• Except ‘for the purposes of on organised religion’ see Regulation 7(3) Sexual Orientation Regulations – Amicus – Reaney v Hereford Diocesan Board of Finance

Further developments

• Equality Act 2006 introduces protection against religious discrimination in the provision to the public of goods, facilities or services, and the provision of premises.

• Exception for non-commercial of organisations relating to religion or belief, where necessary to comply with the religion or to avoid offence on grounds of religion.