Commonly asked questions on the legal issues relating to religious discrimination in the workplace
Religion and belief discrimination is illegal in the UK and is listed as a protected characteristic in the Equality Act 2010. It arises when someone is unfairly disadvantaged for reasons related to their religion or their beliefs. Protection is given to those with any religion, or any religious or philosophical beliefs as well as those without a religion or belief. There is no definitive list of religions or beliefs.
This factsheet offers an overview of the different types of discrimination with specific examples of how they apply to religious and belief discrimination. It suggests good employment practices to ensure everyone has fair access and opportunity to progress in work, regardless of their religion or beliefs.
A person’s religion or philosophical beliefs should not affect whether they get a job, benefit from training or get promoted. Everyone deserves the opportunity to develop their skills and talents to their full potential, work in a safe and inclusive environment, be fairly rewarded for their work, and have a voice in their organisation.
It’s in the best interests of any organisation to understand and be sensitive to employees’ religious or philosophical beliefs (or the absence of such beliefs). Being a genuinely inclusive employer will benefit an organisation’s reputation and brand, their ability to recruit great people and attractiveness to customers. In addition to the cost to individuals of facing prejudice or bias and missing out on job opportunities, employers who take no action to promote diversity and inclusion will quickly become less attractive in the labour market, losing out to competitors.
HR needs to set behavioural expectations through policies, including communicating a zero tolerance approach to religion and belief discrimination. However, policies alone won’t bring about change; policies need to be brought alive by the behaviour of everyone in the organisation and HR needs to ensure workplace cultures are safe, inclusive spaces for everyone.
At the CIPD we are proud of our work to demonstrate diversity and inclusion in the workplace. This includes refreshing our policies to ensure all our language is inclusive. We have a broad Diversity and Inclusion Group, which includes representatives from HR and a subgroup focussing on different religious beliefs.
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What is religion or belief discrimination?
This form of discrimination happens if someone suffers an unfair disadvantage for reasons related to their religion or belief. ‘Belief’ means any religious or philosophical belief, or a lack of belief, so for example a person can be discriminated against for being an atheist. To be protected a belief must satisfy a number of criteria, including that it’s an important aspect of the way in which a person behaves in conducting their life.
The legislation doesn’t give a list of groups that are covered but case law has confirmed that the following religions or beliefs have been covered under the discrimination provisions: Muslim, Christian, Hindu, Jewish, Sikh, Buddhist, Pagan, Humanist and Atheist beliefs. Other beliefs which have been protected by the Act include: environmental or ‘green’ beliefs in the importance of climate change, animal welfare, anti-hunting, spiritualism, and beliefs in the psychic field. Some political beliefs have been found to be protected by the Equality Act. Separately, the law now provides that those dismissed for their political affiliations can claim unfair dismissal - even if they’ve not met the qualifying period of two years employment normally required before bringing a claim.
Research has found a significant mismatch between HR policies and actual workplace cultures in relation to religious beliefs and diversity. Only a quarter of workers agree that their organisations promote an understanding of religious beliefs and diversity, according to a new report from consultancy ComRes. In contrast, almost all of HR managers surveyed said their organisations promoted religious inclusion and diversity.
Prejudice against Muslims in the labour market and workplace has increased in recent years and is prone to fluctuation depending on world events, such as some of Donald Trump’s controversial executive orders. Research by The Centre for the Study of Ethnicity and Citizenship at the University of Bristol revealed that Muslim men are three-quarters less likely to be employed than their white Christian counterparts.
The legal position
In Great Britain, legislation against discrimination on the grounds of religion and belief is now covered by the Equality Act 2010. The situation in Northern Ireland is covered on our factsheet on the employment law differences between Northern Ireland and Great Britain.
The Equality and Human Rights Commission has published a range of guidance on all aspects of the Equality Act, including a Code of practice on employment. Whilst not legally binding documents, the codes give important guidance on good practice and failure to follow them may be taken into account by tribunals or courts. CIPD members can find out more in our Religious discrimination law Q&As.
In the referendum on 23 June 2016 the UK voted to leave the EU. Our Brexit hub has more on what the implications might be for employment law.
Types of discrimination
Within the Equality Act 2010 there are a number of different types of discrimination. These apply to the protected characteristics which includes religion and belief.
This applies to all protected characteristics. It’s treating someone less favourably than another person because of a protected characteristic that they have. For example, it’s refusing to employ an individual because they are a Sikh.
Indirect discrimination occurs when:
- a provision, criterion or practice is applied to all, and:
- it puts a group with a protected characteristic at a disadvantage when compared with another group
- an individual is put at a disadvantage
- the employer cannot show it to be a proportionate means of achieving a legitimate aim.
For example, if a uniform policy requires all individuals to dress in exactly the same way without modification and this means that some people can’t wear an item of clothing they regard as part of their faith.This would be indirect discrimination unless the employer could show that the uniform requirement was justified.
This is treating someone less favourably because they associate with an individual who has a protected characteristic. For example, treating someone less favourably because they spend their spare time socialising with people of a certain religious group, even though they don’t hold the same religious beliefs.
This is treating someone less favourably because it’s perceived that they have a protected characteristic, whether they do or not. For example, not recruiting someone because it’s thought they have a certain religious belief when they don’t.
Victimisation occurs when someone is treated less favourably because they’ve made or supported a complaint, or raised a grievance under the Equality Act 2010. It also applies if it’s thought that they have made a complaint. A comparator isn’t required for a claim of victimisation. Post-employment victimisation can occur - for example, refusing to give a reference to someone who had made a complaint under the Equality Act 2010 - although the Act has some grey areas concerning post-employment victimisation.
Harassment is ‘unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual’.
There’s no longer any specific legislation making employers liable for harassment that comes from a third party (for example, a customer). However an employer can still be liable as a result of numerous other legal duties, for example breach of contract, direct discrimination and under the Protection from Harassment Act 1997. This, and good practice, mean that employers should continue to take steps to protect employees from all forms of harassment.
Find out more in our factsheet on workplace bullying and harassment.
Very unusually, there may be an Occupational Requirement to employ a person of a particular religion. If so, certain exceptions from the law are permitted covering selection, promotion and training. The employer must be able to show that there’s a genuine need, taking account of the type of work. For example, an NHS Trust may seek a Roman Catholic healthcare chaplain who can administer end of life care prayers to Roman Catholic patients, whereas it would not be acceptable to specify that a hospital cleaner must be of the Catholic faith.
There’s also an exemption for 'employers with an ethos based on a religion or belief'. This allows employers to place advertisements for jobs requiring a person to be of specific religion as long as it can be objectively justified, which can be difficult to evidence robustly. The religious requirement must be crucial to the post.
In the retail and betting business only, there is a special right for employees to opt out of Sunday working by giving their employer three months’ written notice. Workers employed only to work on Sundays cannot opt out and agency staff are not included.
Employers can take positive action, for example to address under-representation or other forms of disadvantage within the workforce. The provisions are complex and must be handled carefully. Different provisions apply concerning positive action relating to recruitment and promotion. See the guidance from Citizen’s Advice.
Good employment practices
As part of coherent diversity, inclusion and employee engagement strategies, employers should undertake thorough reviews or equality analyses of policies and working practices to remove unfair discrimination and bias. HR have a key role in creating open workplace cultures where to be different is not a problem but an asset.
Although there’s no legal requirement to have a written diversity policy, it’s a good idea to produce one to demonstrate the organisation takes its legal and moral obligations towards being a diverse employer seriously. It can also encourage employees to treat others equally.
Actions should focus on:
Promoting a culture of respect and dignity for all employees through effective implementation of well-designed policies and procedures, which are regularly reviewed and support both individual and business needs.
Having a diverse and inclusive workplace as part of the organisation’s desired identity, not a ‘nice to have’. This will involve communicating the ethical and business case arguments for a continuous focus on inclusion, and that creating an inclusive workplace is everyone’s responsibility.
Being sensitive to employee’s needs in terms of uniforms, dietary requirements in staff catering or providing a room for prayer. Acas provides guidance on time off for religious observance.
Communication, training and embracing difference
Key steps include:
Communicating a firm commitment to workplace inclusion. Ensure equality and diversity policies and statements are easily accessible to all and contain reference to religion and belief.
- Making it clear the organisation has a zero tolerance approach to bullying, harassment and discrimination. Provide examples of the standards of behaviour required of everyone, what bullying, harassment and discrimination with respect to religion and philosophical belief looks like, and the consequences of breaking the behaviour codes. Ensure line mangers understand their role in addressing all complaints and make sure all employees understand their personal responsibility to treat colleagues with respect. Use a variety of communication methods and channels to do this.
Ensuring staff are aware of how to report instances of bullying, harassment or discrimination on the basis of religion or belief, and feel able to do so.
Acting proactively and fairly in response to all complaints.
Working with employee networks, and encourage employee voice, to understand specific issues in the organisation, how staff can be better supported, and work collaboratively in communicating the importance of diversity and inclusion to the rest of the organisation.
Working closely with managers to ensure they implement people management practices fairly and provide tailored support from HR to respond to requests for workplace accommodations related to religious observance, such as dress code or flexible working.
Considering a calendar of religious holidays to support religious diversity at work, make staff feel they can celebrate religious occasions and to help people understand the significance of religious festivals to colleagues of different faiths, including any considerations within the work environment.
Being respectful of an employee’s religious practices should be straightforward and most employers now take it as routine that people may be required to pray at work, with minimum disruption to the working day. Designate a suitable space that can be used for prayer.
Making sure work events are inclusive is important; providing non-alcoholic drinks is essential, and being mindful of offsite locations can ensure every employee enjoys the events. Offering a range of foods and labelling them is good practice, as some religious groups have specific dietary requirements.
Reviewing employment practices
Ensure recruitment and selection processes are fair and not open to discrimination on the basis of religion or philosophical belief. For example, take care in drafting advertisements to avoid discrimination and stereotyping through language and images and aim to attract candidates from diverse sources. Be sensitive when arranging dates for interviews. Indicate if any genuine Occupational Requirements apply.
Incorporate a diversity statement in every job advert. Have links to the organisation’s diversity and inclusion webpage where people can find out more about the organisation’s commitment to diversity and inclusion.
Operate transparent and consistent appraisal and performance management processes and check that career paths and promotion and training opportunities are inclusive for all employees.
Review policies and procedures, and terms and conditions of employment to ensure fairness and legal compliance and that they don’t discriminate on the basis of religion or belief. Invite staff feedback on draft policies, for example through relevant employee resource groups.
Useful contacts and further reading
Books and reports
ACAS. (2018) Religion or belief discrimination: key points for the workplace. London: Acas.
EDGE, P. and VICKERS, L. (2016) Review of equality and human rights law relating to religion or belief. Research report 97. Manchester: Equality and Human Rights Commission.
GROSCHL, S. and BENDL, R. (2015) Managing religious diversity in the workplace: examples from around the world. Farnham: Gower.
MITCHELL, M., BENINGER, K., DONALD, A. and HOWARD, E. (2015) Religion or belief in the workplace and service delivery: findings from a call for evidence. Manchester: Equality and Human Rights Commission.
RUBENSTEIN, M. (2018) Discrimination: a guide to the relevant case law. 31st ed. London: Michael Rubenstein Publishing.
WELLER, P. (2011) Religious discrimination in Britain: a review of research evidence 2000-10. Research report. Manchester: Equality and Human Rights Commission.
BARRETT, T. (2017) What does the law say about wearing religious clothing at work?People Management. 4 July.
Faith in the workplace. (2011) IDS Employment Law Brief, No 920, March. pp13-18.
PITT, G. (2011) Keeping the faith: trends and tensions in religion or belief discrimination. Industrial Law Journal. Vol 40, No 4, December. pp384-404.
When your face doesn't fit. (2015) IDS Employment Law Brief HR. No 1032, November. pp14-19.
CIPD members can use our online journals to find articles from over 300 journal titles relevant to HR.
Members and People Management subscribers can see articles on the People Management website.
This factsheet was last updated by Lisa Ayling, solicitor and employment law specialist, and Claire McCartney.
Claire McCartney: Diversity and Inclusion Adviser (Maternity cover)
Claire is Diversity & Inclusion Policy Adviser at the CIPD having previously been Adviser for Resourcing and Talent Planning at the Institute for several years. For the last two years she has been running her own research and consultancy organisation.
Claire specialises in the areas of diversity & inclusion, flexible working, resourcing and talent management. She has also conducted research into meaning and trust at work, age diversity, workplace carers and enterprise and has worked on a number of international projects. She is the author of several reports and articles and regularly presents at seminars and conferences.
Prior to her roles at the CIPD, Claire was Principal Researcher at Roffey Park where she conducted research projects into a variety of topics including Roffey Park’s annual Management Agenda survey, work-life balance, flexible working, employee volunteering, talent management, and diversity. Claire has also worked with a range of clients on tailored research needs.