EHRC call for evidence on religion or belief Dr David Perfect Research Manager Equality and Human Rights Commission

Outline Earlier EHRC work on religion or belief Religion or belief strategy Description of call for evidence Call for evidence as a research tool Results and key findings Equality Act implications Building on results

Earlier EHRC work on religion or belief Research reports: future EHRC priorities (Woodhead with Catto, 2009); ongoing research issues (Woodhead, 2011); religious discrimination (Weller, 2011); religion or belief, equality and human rights (Donald, 2012). Also statistical briefing (Perfect, 2011) Legal: direct assistance to individuals (e.g. Hall and Preddy) or interventions as expert adviser to domestic courts (e.g. Johns) or ECtHR (e.g. Eweida et al) Policy: dialogue events on key topics (2013) Guidance: recognition and management of expression of religion or belief in workplace (2013); marriage of same sex couples (2014)

Religion or belief strategy Shared understandings launched Oct 2013 with 3 key aims Improve understanding and practice by employers in managing religious diversity in the workplace. Includes how to balance right to hold and manifest a belief and express an opinion with other rights and freedoms Create more balanced and reasonable public dialogue Assess the existing legal framework on religion or belief, equality and human rights Current ( ) programme of work designed to implement this strategy

Description of call for evidence Covered the workplace and service delivery Conducted by NatCen. Separate online surveys for employees, employers, service users, service providers, organisations, equality/advice community Call live between mid-August and end of October 2014 Key aims to: 1) learn about personal experiences of individuals 2) achieve many responses 2) find out about a variety of issues from different perspectives 4) hear about positive as well as negative experiences Key danger: identikit responses; responses based on assumptions, not direct experience; few participants from hard-to-reach groups; no positive examples

Call for evidence as a research tool Strengths: a qualitative approach so permits multiple means of recruitment; allows hard-to reach groups (e.g. smaller religions) to be over-represented; allows more detailed responses Weaknesses: findings unrepresentative of wider population; cannot measure extent of perceived religious discrimination and unfair treatment; one- sided perspective (e.g. of an employee) only; Press Officers and journalists like numbers! Starting-point for further research to quantify religion or belief experiences, e.g. whether freedom of expression in the workplace more often raised as a problem than dress codes or time off work

Results Report published in March 2015 on EHRC website. Separate Executive Summary also available 2,483 responses in total: employees (1,636), service users (468), organisations (181), service providers (108), employers (67), legal/advice community (23) Much higher overall response than expected. Generally a good range, although few Buddhist, Hindu or Sikh participants Did hear about personal experiences of individuals and very few identikit responses Some positive examples – but not as many as would have liked

Key findings Some workplaces inclusive. In others, religion seen as a private matter that should not be discussed at work Perceived discrimination in recruitment, working conditions, promotion and progression, time off work Beliefs mocked or dismissed; some employees felt unable to challenge discrimination and harassment Concerns about the balance between freedom to express religious views and rights of others Divergent views about when desirable and appropriate to discuss religious beliefs Fairer provision of services between religious/non- religious groups required Divergent views about opt-outs from work duties

Equality Act implications Is the Equality Act working well if there is widespread confusion about the law on religion or belief? If there is a problem, is it with the legislation (e.g. the definition of “belief”) or is the problem how the existing law is interpreted by the courts? Should the current indirect discrimination model be replaced by something else, e.g. Canadian-style reasonable accommodation? Should “conscientious objection” be allowed and, if so, when? Should the current exceptions under the Equality Act be widened or narrowed?

Building on the call for evidence Ongoing preparation by NatCen of guidance, supported by good practice, on 15 key religion or belief topics in the workplace and service delivery. Due to be completed by early Draws on call for evidence findings about good and poorer practice Ongoing review by Oxford Brookes University of interpretation and effectiveness of equality and human rights law relating to religion or belief. Draws on call for evidence findings about views on, and understanding of, the law Forthcoming EHRC report presenting recommendations about the current law

Contact details Dr David Perfect (including for Religion or Belief Network) Call for evidence report projects/your-experiences-religion-or-belief Research on religion or belief (see RR no. 48, 73, 84) research/research-reports General EHRC research inquiries