BSAUK

What are the Employment Equality (Religion or Belief) Regulations 2003?

The Employment Equality (Religion or Belief) Regulations 2003 outlaw discrimination in employment and vocational training on the grounds of religion or belief.

Why are the Regulations being introduced?

The Regulations introduce rights in new areas to employees to protect them from prejudice, discrimination and harassment in the workplace. Despite some limitations, the Religion or Belief Regulations represent a major step towards eliminating the discrimination and harassment.

What do the Regulations outlaw?

Direct discrimination – treating people less favourably than others on grounds of their religion or belief.
Indirect discrimination – applying a provision, criterion or practice which disadvantages people of a particular religion or belief which is not justified as a proportionate means of achieving a legitimate aim.
Harassment – unwanted conduct that violates people’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.
Victimisation – treating people less favourably because of something they have done under, or in connection with, the Regulations, e.g. made a formal complaint of discrimination or given evidence in a tribunal case.

So the new laws will mean that employers:

cannot refuse access to training, or to promotion, on the basis of religion or belief;
must act to protect employees against bullying or harassment suffered on grounds of religion or belief. The “perception” of the person suffering the harassment is crucial;
cannot deny workers benefits (facilities and services) that they offer to other employees – for example, insurance schemes, travel concessions, social events – on the basis of religion or belief;
cannot give an unfair reference when someone leaves because of their religion or beliefexual.

This means that employers are required to protect employees against bullying or harassment suffered in the workplace (i.e. violating an individual’s dignity or ‘creating an intimidating, hostile, degrading, humiliating or offensive environment’ for an individual) because of their religion or belief.

The Regulations also outlaw discrimination by trade associations (including trade unions), employment agencies, providers of vocational training, and institutions of further and higher education.

Where do they apply?

The Regulations apply in England, Scotland and Wales.

When do they come into force?

The Religion or Belief Orientation Regulations come into force on 2 December 2003.

What do the Regulations cover?

The Religion or Belief Regulations apply to discrimination and harassment on grounds of religion, religious belief or a similar philosophical belief. They cover discrimination and harassment on the grounds of perceived as well as actual religion or belief (i.e. assuming – correctly or incorrectly – that someone has a particular religion or belief). The Regulations also cover association, i.e. being discriminated against on grounds of the religion or belief of those with whom you associate (for example, friends and/or family).

The Regulations apply to recruitment, terms and conditions, pay, promotion, transfers and dismissals.

What isn’t covered?

The Religion or Belief Regulations do not protect against discrimination and harassment on grounds of belief not akin to a religion or similar philosophical belief (e.g. being a fanatical supporter of a particular football club or being a supporter of a particular political party because of strongly held political views).

They also mean that an employer cannot refuse to employ someone, nor decide to dismiss someone, because of their religious belief unless there is an “exception for genuine occupational requirement”.

Finally, the Regulations do not cover less favourable treatment in the provision of goods and services.

Are there circumstances where an employer may discriminate on the grounds of sexual orientation?

A school/college may be exempt from provisions within the Regulations only in exceptional circumstances. Under the Regulations an employer may only discriminate on grounds of religion or belief:

if the employer has an ethos based on religion or belief and being of a particular religion or belief is required in that particular case;
where there is a genuine occupational requirement requiring the employee to be of a particular religion or belief;
where the employer is not satisfied that the person meets the religion or belief requirement;
it is proportionate to apply that requirement in the particular case.

The Religion or Belief Regulations also make it legal for employers and trade associations (such as trade unions) to take steps to encourage persons of a particular religion or belief to apply for particular work or training if this is to compensate for disadvantages otherwise suffered by persons of that religion or belief.

What aspects of employment do the Regulations cover?

The Regulations apply throughout the employment relationship – the recruitment process, in the workplace, on dismissal and, in certain circumstances, after the employment has finished.

What aspects of vocational training do the Regulations cover?

The Regulations apply throughout the vocational training relationship – during the application process, in the training environment and, in certain circumstances, after the vocational training has finished. Schools and colleges therefore have a responsibility to ensure that their employees are treated with dignity and in accordance with these Regulations while they are involved in training activity on or off the premises.

Who do the Regulations cover?

The Regulations protect the rights of all employees, including teachers and other education staff. They apply to all schools and colleges in both public and private sectors. The Regulations apply to supply/employment agencies, providers of vocational training and institutions of further and higher education.

Whilst members of school and college governing bodies are not individually protected by these Regulations, they are responsible for ensuring that the school or college is compliant with the law. Governing bodies should be made aware of their legal responsibilities.

Under the Regulations, an employer may be liable for discriminatory actions taken by anyone acting on their behalf, whether or not it was done with their knowledge, unless the employer can show that they had tried to prevent such actions.

How do these Regulations fit in with other equality legislation?

There is already existing legislation on other areas of equality:

The Equal Pay Act 1970.
The Sex Discrimination Act 1975.
The Race Relations Act 1976.
The Disability Discrimination Act 1995.
The Race Relations (Amendment) Act 2000.

The Government’s approach has been to ensure that requirements are consistent across equality legislation where practicable. That will make it easier for everyone to understand and use the law. For example:

the same definition of indirect discrimination is used in the Sexual Orientation Regulations;
the same burden of proof across the strands – once an employment tribunal or court is satisfied from the facts that there is a case to answer, the onus is on the employer to show that the difference in treatment was justified;
the same procedure for making complaints and remedies. Where an employee thinks that they have been discriminated against under the new Regulations, they can bring a case to an employment tribunal. (In cases involving institutes of further and higher education proceedings must be brought in the county or sheriff court.)

When can I make a complaint or claim discrimination?

The new rights come into force on 2 December 2003. A complaint about discrimination, harassment or victimisation on the grounds of religion or belief may be made from that date.

In most cases, a complaint must be made to an employment tribunal, though in cases involving institutes of further and higher education proceedings must be brought in the county or sheriff court. Once an alleged act of discrimination has taken place, the time limit for bringing a claim in the employment tribunal is three months; in the county or sheriff court it is six months. Tribunals and courts will only extend those time limits in genuinely exceptional cases.