Religion or belief discrimination

Religion or belief discrimination: an introduction

Employers must treat everyone in the workplace fairly, regardless of religion or beliefs.  

While religion is generally practiced outside the workplace, there may be times when religious life and working life come into contact, such as when people wear religious clothing. Employers can impose a dress code, but should make appropriate allowances for employees to observe religious practices, where possible.

Employers should fairly consider any requests for time off to observe religious holidays and practices. A refusal could amount to discrimination if the employer cannot justify its reasons for the decision.

You do not have to give information to your employer about your religion, but if you do, it will help them meet your needs. Your employer should have policies and procedures in place to prevent discrimination occurring in the workplace. 

What might be considered discrimination on the ground of religion or belief?

Unlawful discrimination of a worker because of their religion or belief can include more than abusive comments or offensive jokes. Discrimination or bullying may cover workplace rules, or policies in employment, or a refusal to offer a person work because of their religion or belief.  

Other beliefs are also protected in the workplace. What will amount to a protected belief will depend on the circumstances, though the following have been found to be capable of being protected: 

• Gender critical beliefs;
• A belief in man-made climate change and that we are under a moral duty to act;
• A belief in ethical veganism. 

This is a complex and fast-developing area of law, so advice should be sought from your rep in the usual way.

Harassment and bullying at work

The law protects workers from ‘harassment’ and this can cover most forms of workplace bullying. Harassment means unwanted behaviour related to a person’s religion or belief that has the purpose or effect of violating someone’s dignity, or creates an intimidating, hostile, degrading, humiliating or offensive environment for that person. 

In Northern Ireland, protection from discrimination on the grounds of religious belief or political opinion is provided under the Fair Employment and Treatment (Northern Ireland) Order 1998, rather than the Equality Act 2010.

Bullying at work can happen when someone intimidates or offends another. The behaviour can occur in front of co-workers, in writing, over the phone, or by email. You may be being bullied if you are:

• humiliated;
• blamed for problems;
• given excessive work;
• denied opportunities.

A lot of people tolerate bullying and hope it will stop, but such behaviour often continues until someone takes action.

You cannot make a legal claim directly about bullying under FETO in Northern Ireland or the Equality Act in Great Britain, but you may be protected if the behaviour amounts to harassment. Any person experiencing unwanted conduct that occurs because of their religion or belief (in this example, but the same applies to all of the other protected characteristics, such as race) might have grounds for making a complaint.

If you are affected by an intolerable workplace situation and might be thinking of resigning, you should speak to a UNISON rep without delay, and always before taking such action. 

Religion or belief discrimination and the law

The Equality Act (and FETO in Northern Ireland) covers discrimination at work, making it unlawful for employers to treat you less favourably than others because of your religion or belief (this is direct discrimination which includes political opinion in Northern Ireland).

The act makes it unlawful for employers to have a rule, policy or practice which someone of a particular religion or belief (including political opinion in Northern Ireland) which puts them at a particular disadvantage when compared with others. (indirect discrimination).

The act also makes harassment and victimisation unlawful. 

Some philosophical beliefs may be protected in Northern Ireland, depending on the circumstances of each case. This area of law is developing, and advice should be sought from your UNISON rep.

Legal disclaimer 

The information contained within this article is not a complete or final statement of the law and is based on the laws of England, Wales, Scotland and Northern Ireland. 

While UNISON has sought to ensure that the information is accurate and up to date, it is not responsible and will not be held liable for any inaccuracies and their consequences, including any loss arising from relying on this information. If you are a UNISON member with a legal problem, please contact your branch or region as soon as possible for advice, or for non-employment matters call UNISONdirect.