Making Sense of Employment Law – Workplace Discrimination
Discrimination on the Grounds of Religion or Belief
Who is protected?
The Employment Equality (Religion or Belief) Regulations 2003 outlawed workplace discrimination and harassment on the grounds of religion or belief. This is defined in broad terms and also protects non-believers. Since October 2010 these discrimination laws are now regulated by the Equality Act which affords protection to both employees and workers.
In addition, the law protects people from discrimination because of the religion or belief of people they associate with. These regulations cover all aspects of the employment relationship including:
- Recruitment
- Pay
- Working conditions
- Training
- Promotion
- Dismissal
- References
Types of discrimination in the workplace
Direct discrimination at work
This is where someone is treated less favourably than others on the grounds of religion or belief, or lack of religion or belief.
Indirect discrimination at work
This is where a criteria, provision or practice disadvantages people of a specific religion or belief, unless the practice can be objectively justified. Indirect discrimination is unlawful whether it is intentional or not.
Harassment
Harassment is unwanted conduct that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.
Victimisation
Victimisation is where someone is treated less favourably because they have taken action under or in connection with the legislation. For example, if someone makes a formal complaint of discrimination at work or gives evidence in support of another person’s grievance.
How we can help
If you believe you have been discriminated against under the Equality Act we can help. This could be as simple as drafting a suitably worded grievance.
If you are an employer, you may already have benefited from actively promoting equality of opportunity in the business. But however diverse your workforce, it is important not only to have a suitably worded equal opportunities policy, but also to ensure it is effectively implemented.
An effective diversity policy needs managers to be properly trained. In addition, you need effective processes for monitoring the policy’s effectiveness. At martin searle solicitors we have considerable experience in diversity issues including:
- Advising on the law.
- Representing at Employment Tribunals.
- Creating bespoke training packages.
Want to talk to us?
If you believe you have suffered employment discrimination under the regulations or you are an employer and need help implementing an equal opportunities policy, please email Fiona Martin or call your local martin searle solicitors’ office.
