1. Update on Equality Law: Are We Catching Up?
This equipment was donated by Thompsons solicitors
Update on Equality Law: Are We Catching Up?
Wednesday 5th December 2007

2. Religious Discrimination at Work
Dr Lucy Vickers
Reader in Law
Oxford Brookes University
Institute of Employment Rights Equalities Update Wednesday 5th December 2007

3. The Employment Equality (Religion or Belief) Regulations 2003
Few cases brought so far
Approx. half of cases dealt with by ACAS brought by Muslims
Other claims by Christians, Jews, Hindus, Sikhs and ‘non-Catholics’ claiming against Catholic schools
Claims have included bullying and harassment, verbal abuse, giving individuals impossible deadlines, subjecting claimants to increased scrutiny, denying access to training, refusing holiday requests, and disputes over dress codes
Institute of Employment Rights Equalities Update Wednesday 5th December 2007

4. Definition of Religion or Belief
‘any religion, religious belief, or philosophical belief,’
amended in Equality Act 2006 from ‘religion or similar philosophical belief’
includes reference to a lack of a religion or belief
ECHR suggests that beliefs must have sufficient ‘cogency, seriousness, cohesion and importance’
Devine v Home Office
Institute of Employment Rights Equalities Update Wednesday 5th December 2007

5. Religion or Belief Regulations
Direct Discrimination
Indirect Discrimination
Requirements to work on Saturdays or Sundays
Disputes over dress or grooming codes
Azmi v Kirklees Metropolitan Council
Harris v NKL Automotive
Justification and proportionality standards
Institute of Employment Rights Equalities Update Wednesday 5th December 2007

6. Religion or Belief Regulations
Harassment
No reported cases
However, according to ACAS and earlier research, this is a common form of discrimination
Recognition of potential conflict with sexual orientation harassment, freedom of expression and freedom of religion
Victimisation
Institute of Employment Rights Equalities Update Wednesday 5th December 2007

7. Exception for genuine occupational requirement
The standard exception:
religious requirement is a genuine and determining occupational requirement and it is proportionate to apply that requirement in the particular case
The Religious Ethos Organisation exception
religious requirement is genuine and it is proportionate to apply that requirement in the particular case
Glasgow City Council v McNab
Institute of Employment Rights Equalities Update Wednesday 5th December 2007

8. Exception for genuine occupational requirement
Exceptions do not allow discrimination on any other ground
Except ‘for the purposes of on organised religion’ see Regulation 7(3) Sexual Orientation Regulations
Amicus
Reaney v Hereford Diocesan Board of Finance
Institute of Employment Rights Equalities Update Wednesday 5th December 2007

9. Further developments
Equality Act 2006 introduces protection against religious discrimination in the provision to the public of goods, facilities or services, and the provision of premises
Exception for non-commercial of organisations relating to religion or belief, where necessary to comply with the religion or to avoid offence on grounds of religion
Institute of Employment Rights Equalities Update Wednesday 5th December 2007