Religion or Belief
Religion or belief is a protected characteristic under the Equality Act 2010, ensuring individuals are not discriminated against due to their religious beliefs, philosophical beliefs, or lack of belief (e.g. atheism, humanism). This protection applies in employment, education, and access to services.
| Key Employee Rights | What Employers Must Do |
|---|---|
| Protection from direct discrimination (e.g. being refused a job due to religious beliefs) | Make reasonable adjustments for religious observances (e.g. allowing time off for religious holidays) |
| Protection from indirect discrimination (e.g. a dress code banning religious attire without justification) | Ensure fair policies that do not disproportionately disadvantage religious groups |
| Reasonable accommodations for religious practices (e.g. flexible breaks for prayer) | Implement an inclusive dress code policy that accommodates religious attire where possible |
| Protection from harassment (e.g. offensive comments about religious clothing) | Prevent workplace harassment related to religious belief or non-belief |
| Right to express beliefs in the workplace, provided it does not discriminate against others |
Key Legal Concepts
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Occurs when an individual is treated unfairly due to their religion or belief.
Example: Refusing to hire a Muslim woman because she wears a hijab.
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Occurs when a policy or practice disproportionately affects people of a certain religion.
Example: A company banning head coverings, which could discriminate against Sikh, Muslim, or Jewish employees.
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Harassment: Unwanted behaviour related to religion (e.g. mocking religious attire or rituals).
Victimisation: Retaliation against an employee for raising concerns about religious discrimination.
Case Law
Eweida v British Airways (2013)
Key Facts: Nadia Eweida, a Christian employee, was told she could not wear a visible cross necklace at work. The European Court of Human Rights ruled that British Airways had violated her religious rights.
Significance: Employers must justify dress code policies and accommodate religious expression where possible.
What’s Protected and What Isn’t?
| Protected | Unprotected |
|---|---|
| Denying promotions based on religious belief | Religious expression that discriminates against others |
| Banning religious dress without justification | Practices that conflict with workplace safety (e.g. loose clothing in hazardous environments) |
| Not providing reasonable adjustments for religious observance | Religious beliefs that contradict company policies on equality and diversity |
How Employers Can Support Religious Inclusivity
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Allow time off for religious holidays and prayer times.
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Accommodate religious attire and symbols where possible.
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Educate staff on religious tolerance.
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Prevent religious discrimination in the workplace.
“ Employers should create an inclusive, respectful, and legally compliant workplace where employees feel free to express their beliefs without discrimination. ”