Employment Solicitors

Religious Discrimination in The Workplace

Religious discrimination in the workplace is illegal in the UK under the Equality Act 2010. If you have been unfairly treated because of your religion or belief, our friendly employment law solicitors can help you.

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What is religious discrimination in the workplace?

Religious discrimination occurs when somebody is treated unfairly because of their religious or philosophical beliefs or lack of beliefs. ‘Religion or belief’ is a protected characteristic under the Equality Act 2010, which makes discrimination on this basis unlawful.

There is no list of specific religions that are protected under the law, but to be protected, a religion or belief must be central to the way somebody lives and how they behave.

What are the types of religious discrimination?

There are four types of religious discrimination: direct discrimination, indirect discrimination, harassment and victimisation.

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Direct religious discrimination

Direct religious discrimination occurs when somebody is treated in an obviously unfair manner because of their religion or belief. For example, an employer denying a job to an appropriate candidate based on their faith.

Indirect religious discrimination

Indirect religious discrimination occurs when an employer’s policies or procedures inadvertently discriminate by putting somebody with a certain belief or particular religion at a disadvantage. For example, if an employer suddenly requires everybody to work late shifts, this may discriminate against a person whose religion requires them to pray at sunset.

Under the law, an employer may be justified if indirect discrimination (such as changing shift patterns) is ‘a proportionate means of achieving a legitimate aim’. In other words, they may be justified if what they are asking of the employee is vital for the business.

Harassment

Harassment can include violent behaviour, bullying, name–calling, threats, excluding someone from events, inappropriate jokes, and or gossiping about someone.

Victimisation

Victimisation occurs when an employee is put at any disadvantage or treated poorly because they have raised a grievance about an instance of discrimination or have given evidence in support of somebody else’s claim.

What are examples of religious discrimination in the workplace?

Some examples of religious discrimination at work are:

Making someone redundant because of their religion or belief.

Requiring someone to dress in a certain way, such as wear a shorter skirt, when this is not acceptable to them.

Requiring that someone remove religious symbols from their clothing unless there are justifiable health and safety reasons.

Setting working hours that mean someone cannot work because of their religion.

Making jokes about someone’s religion but passing it off as ‘friendly banter’.

What are your religious rights at work?

Your religious rights at work include being protected from discrimination, harassment or unfair treatment.

Whilst an employer is under no obligation under the law to allow time off for religious holidays or prayers, they should be as sympathetic and flexible as possible. Refusing to accommodate somebody’s religious needs when they could reasonably do so could amount to discrimination. For example, if an employee prays at a specific time of the day, their employer could consider changing the times of breaks.

When an employee makes a request on religious grounds, they too are expected to be reasonable and flexible towards the needs of the business. If a large group of employees are likely to request the same time off for a religious festival, for example, then the employer has the right not to grant all requests, as this could be detrimental to the business.

When considering requests, an employer must not favour the needs of one religious group over another, as this could give rise to a discrimination claim.

How do you claim religious discrimination in the workplace?

To claim religious discrimination, the first step is to try to resolve the issue internally by talking to your employer or HR department and following their grievance procedures.

If you do not achieve a satisfactory outcome, the next step is to register your claim with the Advisory, Conciliation and Arbitration Service (ACAS). It is essential to act quickly because you have just three months, less one day from the date the discrimination took place, to register with ACAS.

Our religious discrimination solicitors can support you through your employer’s grievance procedures and the ACAS conciliation process. Where conciliation fails, we can file a claim for you at an employment tribunal.

Davisons Law – religious discrimination solicitors

If you think you have suffered religious discrimination in the workplace, please talk to our experienced solicitors as soon as you can. Discrimination is unacceptable, and the law is there to protect you.

Have any questions or need any help?

Our team of specialist lawyers are experts in their field. Be confident in their advice and decisions to help get the right outcome for you. Contact us today to see how we can help

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