Employment

From 2 December 2003, when the Employment Equality (Religion or Belief) Regulations came into force, it became unlawful to discriminate against workers because of religion or similar belief.

The regulations also cover providers of vocational training.

The Regulations apply to vocational training and all facets of employment – including recruitment, terms and conditions, promotions, transfers, dismissals and training.

They make it unlawful on the grounds of religion or belief to:

discriminate directly against anyone. That is, to treat them less favourably than others because of their religion or belief;
discriminate indirectly against anyone. That is, to apply a criterion, provision or practice which disadvantages people of a particular religion or belief unless it can be objectively justified;
subject someone to harassment. Harassment is unwanted conduct that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment having regard to all the circumstances and the perception of the victim;
victimise someone because they have made or intend to make a complaint or allegation or have given or intend to give evidence in relation to a complaint of discrimination on the grounds of religion or belief;
discriminate or harass someone in certain circumstances after the working relationship has ended.

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What do schools as employers need to be aware of?

They should ensure that religion and belief are included in their Equality Policy.

It is a good idea to revisit the Equality Policy from time to time to ensure it has not become outdated, to test any new employment policies and procedures for discrimination and to ensure the policy itself meets current legislation requirements.

All staff need to be made aware (through training, notice boards, circulars, contracts of employment etc) that it is not only unacceptable to discriminate, harass or victimise someone on the grounds of religion or belief, it is also unlawful.

Organisations should also make it clear that they will not tolerate such behaviour.

Staff should know what to do if they believe they have been discriminated against or harassed, or if they believe someone else is being discriminated against or harassed, and this should be included in the grievance procedure.

Organisations should also consider adding all forms of discrimination and harassment (religion or belief, sex, race, disability, gender reassignment and sexual orientation) to their disciplinary rules which should also include bullying.

It is good practice to include age in your policies ahead of age discrimination becoming unlawful in October 2006.

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Religion or belief at interviews

Interviews are about finding out whether someone has the right skills for the job.

Personal questions about an individual’s beliefs should not be asked unless they are relevant to the duties of the job in question.

It is good practice not to ask any personal questions at interview unless it is to make sure that appropriate adjustments are made for anyone with a disability.

Organisations do not have to employ people whose beliefs mean they are unable to undertake essential parts of the job.

It should be made clear to candidates what type of work the organisation does and what duties the job involves so they can consider whether there is any chance it might conflict with their religion or beliefs.

Good Practice Example:

An individual applying for a job as a school kitchen assistant may not be willing to handle pork products for religious reasons.

Such products probably represent only a small proportion of the food cooked and served by the school.

It may not be reasonable to reject such job applicants if it is practicable to allocate work in a way that does not involve handling pork products.

Further reading can be found in the attached files section below.

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Further information

Community Participation Officer
Children and Young People’s Service
Tel 020 8489 3884
Email faith@haringey.gov.uk

Attached Files
Filename	Filetype	Size
employment and faith.pdf	PDF	206K
what do schools as employers need to be aware of.pdf	PDF	219K
frequently asked questions on employment and faith.pdf	PDF	239K
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