UK legislation relating to discrimination on the grounds of religion or belief came into force on December 2nd 2003. The Employment Equality (Religion or Belief) Regulations 2003 make such discrimination unlawful. It is crucial for UK based HR personnel to understand the implications and impact this has on the field of HR.

This article aims to assist HR personnel in understanding the legislation and how practical issues stemming from religion and belief affect the workplace and HR professionals.

'Religion'

Although there exists no universal agreement on what constitutes religion or 'a' religion there are some common threads that run through the differing opinions. There are three essential elements that are necessary to meet the definition of 'religion', 1) a belief in a supreme being, 2) worship of that supreme being and 3) a group or following of people who observe a set of beliefs, values, customs and practices set down by and through the supreme being. Grey areas exist and arguments will continue as to the definition of religion but in the end it is the responsibility of the courts to decide on the matter when discrimination charges are brought forward relating to HR or other matters.

'Belief'

Defining belief is even more complex. The guidelines state that philosophical or political beliefs are not covered by the legislation unless they are similar to a religious belief. Could this then theoretically incorporate atheism? What of Veganism, Pacifism or Druidism? Again there exists more doubt than certainty with regard to a definition and again it is the jurisdiction of the courts to decide, not HR personnel and the like.

Discrimination

Discrimination on religious grounds can take place in four different ways:

Direct Discrimination is where a person(s) is treated less favourably or not equally to others due to their religious adherence.

For example, at interview stage Jameel is just as qualified or perhaps even more qualified that the other interviewees. Jameel makes it clear he is a Muslim, prays five times a day, attends the Friday prayers and fasts in Ramadan. The HR manager does not offer him the position out of fear that his religious commitments would impede upon his performance. This is direct discrimination.

Indirect Discrimination is where a generic rule is enforced that negatively impacts or puts at a disadvantage adherents of a certain religion.

For example, a firm introduces a rule stating that men may not have long hair. Livtar, a Sikh, with a 'shika' (small knotted bunch of hair) would thus be indirectly discriminated against.

Victimisation occurs where a person is discriminated against due to their involvement in an act or willingness to do so.

For example, after giving evidence on behalf of a colleague in an employment tribunal, Mina applies for a promotion. Although she has the skills and qualifications the HR manager sees her as disloyal due to her actions at the tribunal and refuses the promotion.

Harassment takes place when a person is ill-treated, intimidated, degraded, humiliated or offended because of their religious affiliation.

For example, Yadid is tormented and ridiculed in the workplace through comments and practical jokes for being Jewish and wearing a skull cap.


It is the responsibility of HR professionals to fully understand the implications of the legislation on HR procedures and practices as well as the consequences poor cultural awareness among staff can have on colleagues from religious communities.

HR personnel and those interested in HR issues can continue this article by reading Religion, Belief and HR (Part II) which goes through some practical examples of how religion and religious observance manifest in the workplace.

If you work in HR and would like to discuss cultural and religious awareness training please contact us.

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