DISCRIMINATION AT WORK – RELIGION

Under the terms of the Equality Act 2010 it is unlawful for any employer or colleague to discriminate against you based on your faith, religion, or other held philosophical belief. This discrimination can take many forms: from employers refusing interviews to suitable candidates simply because of their religion or other beliefs; to workmates mocking or abusing you because of your faith.

The Equality Act 2010 does not limit itself simply to organised religions or mainstream beliefs. In the same way as you may not be discriminated against for being Christian, Muslim, Sikh or Jewish, it may also be unlawful if you are discriminated against for being a Vegan, Wiccan, Marxist or Creationist. This belief must be cogent, serious and apply to an important aspect of human life or behaviour.

Certain comments made about a person’s religious beliefs can be intimidating and humiliating to the person being discriminated against. Examples include:

• Direct discrimination. This might happen during the recruitment process when you are discriminated against because you practice a religion that might make you stand out amongst the rest of the workforce.
• Indirect discrimination. This can happen due to rules that affect all workers but only cause disadvantage to followers of a particular belief, for example a rule requiring that all workers are clean shaven. It can also be the case that rules affecting all workers could prohibit the wearing of some symbols of religious faith while making others permissible.
• Victimization. This occurs when you have made a complaint in the workplace about inflammatory or abusive language based on your religious beliefs.

If you have been subjected to discrimination, harassment, or victimization at work on account of your faith, religion, or other belief you need to act as soon as possible as you only have three months, minus one day, from the date of the last discriminatory act to start a complaint at an employment tribunal.

Before you can do this, you first need to notify the Advisory Conciliation and Arbitration Service (ACAS) regarding your claim. They will establish whether your employer will agree to ‘early conciliation’ which can take up to a month, but which also postpones the three month period by which you need to commence your claim with the tribunal. If ACAS fails, we are here to help you make a claim through the employment tribunal.