Religious Discrimination in the Workplace

Religious discrimination happens when an individual is treated unfairly at work because of their religious or philosophical beliefs, their practice of religious activities within the workplace, or wearing religious clothing. It’s illegal to discriminate against people with religious beliefs, yet this still occurs in the workplace. 

If you need immediate and expert support today, call our knowledgeable team now on 01455 858 132.

Religion and beliefs can play a vital role in an individual’s life, and it’s important to acknowledge and respect this. Within the workplace, it’s important to consider an employee’s religion when in different situations.

Religion and workplace duties can coexist relatively harmoniously for employers and employees. However, there are occasions where you should look to make reasonable adjustments and accommodations due to an employee’s religious beliefs.

Religious discrimination means treating an employee less favourably due to the religion, which is a Protected Characteristic. Discriminating against a person’s religious beliefs at work could lead you facing an employment tribunal, which may lead to profound financial and reputational damage.     

Coner are here to support you on how to avoid religious discrimination and ultimately, an employment tribunal.

• What does the Equality Act 2010 say about religion in the workplace?
• What includes philosophical or religious beliefs?
• Do employers legally have to allow time for prayer?
• Indirect discrimination and religion
• Workplace dress code and religion
• Providing space for prayer
• Can employees refuse to work Sundays?
• Examples of where different treatment because of religion is legal
• An occupational requirement
• Positive action
• HR support by Croner experts

What does the Equality Act 2010 say about religion in the workplace? 

According to Article 9 of The European Convention on Human Rights outlines freedom of thought, conscience and religion. They state that:

‘Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.’  

An example of what this means could be an individual’s right to wear a crucifix or religious garment such as a turban, without fear of prosecution or discrimination.

Under British law, there is no direct religious discrimination act itself as The Equality Act 2010 protects individuals from religious discrimination and belief discrimination.

Religion and belief are protected under the nine characteristics which are:

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 less favourably because of their religious beliefs, or someone’s lack of religion or belief.

What includes philosophical or religious beliefs?

There is no definitive list of religions or beliefs, but the Equality Act 2010 protects any organised religion, such as Christianity or Islam. It also protects individuals with no belief or religion.

No religion or belief can be seen as more important than another, nor is someone’s religion more important than those who practice no religion or belief.

A philosophical belief must meet certain conditions, including the beliefs being worthy of respect in a democratic society that does not conflict with the fundamental rights of others.

For example, if 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 ethical 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 is not likely to be protected. This claim is because it conflicts with the fundamental rights of others.

Do employers legally have to allow time for prayer?

No, both the Equality Act and the Human Rights Act does not legally require an employer to provide time off for prayer or religious observance. You should consider providing a suitable space within the office that your employees can use for prayer. This will go a long way in making your religious employees feel valued and respected, whilst promoting inclusivity within your business.

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 indirect religious discrimination can include:

• Requiring employees to work on Sundays, which may disadvantage employees who practice their religion on this day, such as attend Church.

Workplace dress code and religion

Individuals may choose to manifest their belief or religion through their choice of clothing, such as a crucifix or religious headwear.

As their employer, you do have the right to decide what is or is not acceptable in terms of religious clothing or symbols and request not to wear them. However, you must have a reasonable ground for doing so, such as that it would breach health and safety standards. A good example of this can include an employee wearing a religious chain which may become a risk if working with machinery, such as getting caught and causing harm.

Providing space for prayer

While the law does not legally require employers to provide a space for prayer, you should consider providing one, such as a quiet room. You 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 you should respect this is possible in line with business needs.

Can employees refuse to work Sundays?

As the employer, you can request that your employee’s work Sundays at any point, but you should ensure the employment contract covers the requirement to work on Sundays or the potential to work on Sundays. If your business is within retail, your employees can legally opt-out of working Sundays and does not have to agree.

A retail employee can opt-out of working Sunday, but you as the employer must:

• Provide a statement informing the employee of the right to opt-out of Sunday working
• Provide this within 2 months of the employee starting work

 You cannot dismiss an employee or treat them unfairly if they use the Sunday opt-out law. You are also not required to offer them alternative days or make up the hours either.

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.

HR support by Croner experts

At Croner, we’re experts in HR and employment law, so we’re on hand to support you to navigate discrimination in the workplace, especially when it comes to religion. We can help with ensuring your business is always fully compliant with both the law and the Equality Act 2010, so you can uphold your duty of care to your employees. Call our expert team now on 01455 858 132.