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 report from consultancy ComRes. In contrast, almost all the 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. 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.

People professionals have a key role in creating fair and inclusive workplaces. As part of coherent inclusion, diversity and employee engagement strategies, employers should undertake thorough reviews or equality analyses of policies and working practices to remove unfair discrimination and bias.

Our viewpoint on religion and belief gives recommendations for employers, with additional information below.

Inclusion policy

Although there’s no legal requirement to have a written inclusion and diversity policy, it’s a good idea to produce and actively use one. In some discrimination claims, employers may have a defence if they can show that they took all reasonable steps to prevent the discrimination occurring. Having a comprehensive current policy, and recent relevant training will help employers to distance themselves from liability for acts such as harassment by an individual perpetrator employed by them. A policy also demonstrates the organisation takes its legal and moral obligations towards being a diverse and inclusive employer seriously. It can also encourage employees to treat others equally.

Communication, training and embracing difference

Key steps include:

• Communicate a firm commitment to workplace inclusion. Ensure equality policies and statements are easily accessible to all and contain reference to religion and belief.

• Ensure all employees understand their personal responsibility to treat colleagues with respect. Make 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 staff know how to report instances of bullying, harassment or discrimination on the basis of religion or belief, and feel able to do so. Deal proactively with all complaints of inappropriate behaviour swiftly, seriously and compassionately.

• 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.

• Work with employee networks, and encourage employee voice to understand specific issues in the organisation, how staff can be better supported, and then work collaboratively in communicating the importance of inclusion and diversity to the rest of the organisation.

• Work closely with managers to ensure they implement people management practices fairly, and provide tailored support from HR teams to requests to accommodate religious observance, such as dress code or flexible working.

• Be respectful of an employee’s religious practices. This includes being sensitive to employee’s needs in terms of uniforms, dietary requirements in staff catering or providing a room for prayer. Acas guidance covers time off for religious observance.

• Make sure work events are inclusive, 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.

• Consider a calendar of religious holidays to support religious diversity at work, which can make staff feel they can celebrate religious occasions and help people understand the significance of religious festivals to colleagues of different faiths, including any considerations within the work environment.

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 inclusion and diversity webpage where people can find out more about the organisation’s commitment.

• 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.

Contacts

Acas - Discrimination, bullying and harassment

GOV.UK - Employers: preventing discrimination

Equality and Human Rights Commission - Religion or belief in the workplace

Government Equalities Office

Employers Network on Equality and Inclusion (incorporates old Employers Forum on Belief)

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. (2021) Discrimination: a guide to the relevant case law. 34th ed. London: Michael Rubenstein Publishing.

Journal articles

FICKLESS, J. (2019) A sense of belonging: heeding the call for religious diversity. Workspan. January. Reviewed in In a Nutshell, issue 84.

PITT, G. (2011) Keeping the faith: trends and tensions in religion or belief discrimination. Industrial Law Journal. Vol 40, No 4, December. pp384-404.

POLAND, H. (2020) Update to race, religion and belief discrimination legislation. People Management (online). 10 August.

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