European Union (EU) Employment Directives were designed to end discrimination and harassment in employment and vocational training at the work place, faced by people because of their religion or beliefs.
The UK regulations define discrimination as prejudice that someone might face because of their religion or belief, through both direct and indirect discrimination. This regulation also covers the handling of harassment in the workplace because of religion or belief.
There is recognition in the regulations that there may be very specific circumstance in which holding certain religious or other beliefs will be a genuine occupational requirement. Some of the implications for employers include:
- providing prayer rooms
- meeting the dietary requirements of certain religions or beliefs
- being flexible to accommodate cultural and religious holidays
- being flexible over uniforms to accommodate certain religions or beliefs
The regulations do not require employers to monitor job applicants’ religion, although some employers already do this.
The Racial and Religious Hatred Act 2006
This Act makes it unlawful to stir up hatred against people because of their religious beliefs or lack of them. These can include criminal acts, antisocial behaviour, abuse or harassment or display of written material that is threatening, abusive or insulting with the intention or likely effect of stirring hatred.
A recognised religion or belief must be able to demonstrate a level of cogency, seriousness, cohesion and importance, provided the beliefs are worthy or respected in a democratic society and are not incompatible with human dignity.
One of the key objectives of this Act is to close the loophole where race legislation protects mono-ethnic groups such as Jews and Sikhs but not multi-ethnic faith groups, such as Muslims.
Associations can now take action against political and religious extremism. Issues such as leafleting could be addressed, as well as individuals who may stir up religious hatred or stir up action against others who do not share their religious beliefs.
The Act is written with the intention that it will not impede freedom of speech. The following would not be seen as an offence:
- criticising the beliefs, teaching or practise of a religion or its follower;
- proselytising one’s own religion or urging followers of a different religious to cease practising theirs;
- telling jokes about religions; and expressing antipathy or dislike of particular religions or their adherents.
The distinction is whether this behaviour can be judged threatening, and whether hatred would be stirred up whilst undertaking any of the above.
The definition of hatred is associated with threatening, abusive or insulting work, action or material with the intent of inciting hatred to a particular group of people rather than towards an ideology.
Further guidance is expected as this law will sit within the Public Order Act 1986.
The Equality Act 2006
This Act prohibits religious or faith discrimination and victimisation in relation to employment, education, housing and the provision of goods services and facilities.
It therefore proposed to make it unlawful for a person providing a good, facilities or services that they would normally provide to the public or a section of the public, to discriminate on the grounds of religion or belief.
