Religious Discrimination

A particular religion or belief can play a big part of an individual’s life. While you may or may not believe it has any place at work, it’s important to take into account an employee’s religion in situations.

Religion and work can coexist relatively harm-free for employers, workers and employees. Let’s look at when it is important to make reasonable accommodations and when not to, as to avoid religious discrimination and employment tribunals.

If you need immediate support on tackling religious discrimination in your workplace, get in touch with one of our experts on 0800 470 2813.

What is the law on religion in the workplace in the UK?

The European Convention on Human Rights protects an individual’s right to hold religious or other beliefs.

It outlines this in article nine, where it provides a right to freedom of thought, conscience and religion.

This includes the right to manifest their religion or belief in worship, teaching, practice and observance if the law permits it. An example of this is wearing a crucifix, or wearing religious dress. 

Under British law, there is no religious discrimination act, but The Equality Act 2010 protects individuals from religious discrimination and belief discrimination in the UK.

This is because it’s listed as listed as a protected characteristic, of which there are nine:

1. Age
2. Disability
3. Gender reassignment
4. Marriage and civil partnership
5. Pregnancy and maternity
6. Race
7. Religion or belief
8. Sex
9. Sexual orientation

Therefore, it is illegal to treat someone differently because of their religious beliefs, or someone’s lack of religion or belief.

What makes up religion or philosophical beliefs?

There is no definitive list of religions or beliefs, but the Equality Act protects any organised religion, such as Christianity or Islam, it also includes a lack of religion.

No particular religion can’t be seen as more important than another, nor is someone's religion more important than someone’s religious practices or lack of religion.

A philosophical belief must meet certain conditions, including being a substantial aspect of human life, worthy of respect in a democratic society and not conflicting with the fundamental rights of others

For example, an employee believes strongly in man-made climate change and feels that they have a duty to live their life in a way which limits their impact on the earth to help save it for future generations: this could be classed as a belief and protected under the Equality Act.

Similarly, in the past, some employment tribunals have found that veganism is a philosophical belief.

However, someone who believes a certain religion is superior to other’s and makes this known to employees of another religious group would not be protected. This claim is because it conflicts with the fundamental rights of others.

Do employers have to allow time for prayer?

No, the Equality and Human Rights acts do not require an employer to provide time off for prayer or religious observance.

Whilst an employer doesn’t have to allow religious worship at work, if there are facilities like a quiet room available and it wouldn’t cause disruption to use it, then employers should think about letting employees use it. It helps them to feel supported and that they are an inclusive employer.

Indirect discrimination and religion

Indirect discrimination happens when an organisation has a particular policy or way of working that applies to everyone but which puts employees from a protected group at a disadvantage.

An example of religious discrimination is:

• Requiring employees to work on Sundays. This may disadvantage employees who go to Church.

Workplace dress code or uniform policy and religion

As mentioned before, employees may manifest their belief or religion. This often occurs with clothing choices.

An employer can decide what is or isn’t acceptable when it comes to employees wearing religious clothing or symbols but if refusing then there should be a reasonable ground for doing so e.g because it would breach health and safety standards.

You can, however, refuse an employee from wearing certain clothing if it is a proportionate means of achieving a legitimate aim. Depending on the work environment and for health and safety reasons.

For example, if a long skirt is a health and safety hazard in the context of the workplace.

Providing space for prayer

Law does not specify that employers must provide a prayer room. However, if a quiet place is available, and allowing its use for prayer would not cause problems for other workers or for the business.

The employer should agree to it being used for religious observance.

Where an employee's particular religion may require the observance of prayer times during the working day, you should respect this if possible and taking such an action won’t impact on your business.

Can employees refuse to work Sundays?

Yes, an employer can opt-out of Sunday working. All shop and betting shop workers can opt-out of Sunday working unless Sunday is the only day you have employed them to work on.

They can opt-out of working Sunday at any time, even if they agreed to it in their contract and conditions of employment. Shop and betting shop workers must:

• Give their employer three months’ notice that they want to opt-out.
• Continue to work on Sundays during the three month notice period if their employer wants them to.

You cannot dismiss an employee or treat them unfairly if they use the Sunday opt-out law. You don’t need to offer them alternative days, and this can affect their salary if they are working less.

Examples of where different treatment because of religion is legal

There are certain circumstances that call for different treatment of employees because of religion. We call this objective justification. These circumstances can include:

An occupational requirement

Where religion is required to perform the job such as a prison chaplain.

Positive action

Where an organisation or person is encouraging or developing a group of people with a protected characteristic, including religious groups or beliefs.

For extra support

Here at Croner, our HR and Employment Law experts are on hand to help you navigate religion in the workplace, and avoid discriminatory practices. Ensuring your business is abiding by the Equality act 2010 and keeping you compliant with the duty of care you have over your employees.

Need more help with the complex topic of religious discrimination? Get in touch with us today for expert advice: 0800 470 2813.