How-to guide: How to avoid religion or belief discrimination in the workplace (UK)

Introduction

This how-to guide will provide in-house counsel, private practice lawyers and human resources professionals working in England, Wales and Scotland (GB) with information and guidance about religion or belief discrimination. It provides an overview of the law as well as practical tips to help employers avoid workplace discrimination. This guide does not apply to Northern Ireland, where employment law is devolved to the Northern Ireland Assembly.

This guide covers:

1. Introduction to religion or belief discrimination
2. Legal framework and relevant case law
3. Interaction with other employment rights
4. Identifying religion and belief discrimination in the workplace

This guide can be used in conjunction with How-to guide: Overview of workplace discrimination and harassment law and Quick views: Protected characteristics under the Equality Act 2010 and Understanding and navigating gender critical beliefs in the workplace.

Section 1 – Introduction to religion or belief discrimination

Discrimination on the grounds of religion or belief refers to treating individuals unfairly because of their religious or philosophical convictions. Under the Equality Act 2010 (EqA) in GB, religion or belief is a protected characteristic, making it unlawful to discriminate against individuals based on their faith, lack of faith or belief.

The protection covers a broad range of religions from widely practised religions such as Christianity, Islam and Judaism, to less conventional or smaller religions such as Paganism and Rastafarianism. It also includes philosophical beliefs provided they meet certain criteria (see 2.1.2 below).

Section 2 – Legal framework and relevant case law

The EqA is the cornerstone of anti-discrimination law in GB. It consolidates previous anti-discrimination laws into one statute, protecting individuals from unfair treatment based on various protected characteristics, including religion or belief (see Quick view: Protected characteristics under the Equality Act 2010 for details of the other protected characteristics).

2.1 Definition of religion or belief under the Equality Act 2010

Under section 10 of the EqA, both ‘religion’ and ‘belief’ are defined broadly to ensure comprehensive protection against discrimination.

2.1.1 Religion

The EqA defines religion as ‘any religion’, without any restriction to established or mainstream faiths. A crucial requirement is that the religion must have a ‘clear structure and belief system’, which excludes purely informal or personal belief systems from protection​ (see EqA Explanatory Notes, section 10).

In addition to organised religions, the EqA also protects individuals who do not subscribe to any religion. This extends legal safeguards to atheists, agnostics, secularists and humanists. It is therefore unlawful to discriminate against someone due to their lack of religious belief​.

2.1.2 Belief

The EqA’s approach to ‘belief’ goes beyond traditional religious systems. Belief encompasses not only religious beliefs but also philosophical ones, provided they meet certain criteria established through case law. According to the courts and tribunals, a philosophical belief must be:

• genuinely held – it must represent more than just an opinion or viewpoint;
• cogent and serious – it must address an important aspect of human life or behaviour; and
• worthy of respect in a democratic society – it cannot undermine human dignity or conflict with the fundamental rights of others.

See EqA’s Explanatory Notes, section 10.

For example, beliefs in climate change (Grainger PLC v Nicholson [2009] UKEAT 0219 09 0311), veganism (Mr J Casamitjana Costa v The League Against Cruel Sports: 3331129/2018) or democratic socialism (Olivier v Department of Work and Pensions ET/1701407/2013) have been recognised as philosophical beliefs worthy of protection, provided they meet these criteria. However, beliefs that promote hate or violate the rights of others, such as a belief in racial superiority, would not be protected​. Recently, the employment tribunal found that an extreme form of English nationalism was not protected as the claimant failed to show it was worthy of respect in a democratic society. The tribunal considered that the belief was incompatible with human dignity and in conflict with the fundamental rights of others. See Cave v The Open University: 3313198/2020. Similarly, in Legge v The Environmental Agency: 3314044/2021, a claimant’s ‘non-feminist belief’ was not considered worthy of protection.

2.2 Scope of protection

The EqA provides broad protection against discrimination based on religion or belief to employees (which is widely defined at section 83 EqA and includes workers), job applicants, and even former employees (section 39 EqA). This ensures that individuals are safeguarded throughout various stages of employment from recruitment to post-employment. The EqA applies to both public and private sector employers regardless of the size or nature of the organisation.

2.2.1 Who is covered?

For those in employment, the EqA protects against direct discrimination (section 13), indirect discrimination (section 19), harassment (section 26) and victimisation (section 27) in the workplace. Additionally, protection against certain types of discrimination extends to cases where the person is perceived to hold a certain religion or belief even if this perception is incorrect. Discrimination by association, such as treating that person unfavourably due to their connection to someone of a certain religion or belief, is also prohibited​ (see EqA’s Explanatory Notes, section 13).

Job applicants are similarly protected under the EqA (section 39 EqA), meaning that employers must not discriminate against candidates during the recruitment process. This protection covers all aspects of recruitment including job advertisements, application procedures, interviews and job offers. For example, it would be unlawful to ask about an applicant’s religious beliefs during an interview and make a hiring decision based on their response, unless their religion was directly relevant to a genuine occupational requirement such as hiring a chaplain for a specific faith​.

The EqA also protects people after their employment has ended. This can include circumstances where an individual might face discrimination in how their former employer provides references or handles post-termination processes such as severance payments.

2.2.2 Types of discrimination: direct, indirect, harassment and victimisation

The EqA identifies four main types of discrimination based on religion or belief: direct discrimination, indirect discrimination, harassment and victimisation.

Direct discrimination

Direct discrimination (section 13 EqA) occurs when an individual is treated less favourably because of their religion or belief. Direct discrimination is unlawful even if the discriminator and the person discriminated against share the same religion​. An example of direct discrimination might be an employer who refuses to promote an employee because they practise a particular faith, believing clients would prefer someone without religious beliefs. Even if the employer’s intention is to avoid alienating customers, this would still constitute unlawful direct discrimination​.

Indirect discrimination

Indirect discrimination (section 19 EqA) occurs when a seemingly neutral policy or practice disadvantages people of a particular religion or belief more than others. For instance, a company policy requiring all staff to work on Sundays might disproportionately affect Christians who observe Sunday as a religious day of rest. While such policies apply to everyone equally, their practical impact can disadvantage specific groups​. To justify indirect discrimination, employers must demonstrate that the policy in question is necessary for business operations. This is known as ‘objective justification’, and it requires the employer to show that the policy is a proportionate means of achieving a legitimate aim​.

Harassment

Harassment (section 26 EqA) related to religion or belief involves unwanted behaviour that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. Harassment can be verbal, physical or written, and it can take many forms, from offensive jokes to exclusion from workplace activities​. Again, it is important to note that harassment can occur even when the harasser and the victim share the same religion or belief.

Victimisation

Victimisation (section 27 EqA) occurs when an individual is treated unfavourably because they have made or supported a complaint about religion or belief discrimination. For example, if an employee files a grievance about religious discrimination and as a result, their employer reduces their responsibilities or cuts their working hours, this will constitute victimisation​. The law is designed to protect individuals from retaliation when they assert their rights under the EqA.

Section 3 – Interaction with other employment rights

3.1 Balancing religion or belief with the right to free speech

The right to freedom of expression, as enshrined in article 10 of the Human Rights Act 1998, interacts closely with protections around religion or belief under the EqA. Balancing the right to free speech with the protections against religion or belief discrimination presents a complex challenge for employers.

Freedom of expression allows individuals to share their thoughts and beliefs, including their religious or philosophical beliefs, without fear of censorship. However, this right is not absolute. The law places limits on free speech when it interferes with the rights of others or causes harm such as discrimination, harassment or the incitement of hatred​.

In the workplace, individuals are entitled to express their religious or philosophical beliefs, provided they do not infringe on the rights or dignity of others. This means that while an individual may be free to express their views on matters such as religion, politics or social issues, this expression must not create a hostile environment for colleagues. For example, a devout Christian employee might express their belief that marriage should only be between a man and a woman. While this view is protected as a religious belief under the EqA (see example case below) it must not cross the line into homophobic speech or harassment of LGBTQ+ colleagues.​

Employers must ensure they strike a balance between allowing free expression and maintaining an inclusive and respectful workplace. Policies on workplace behaviour and social media use can help clarify the boundaries between acceptable free speech and prohibited behaviour, such as discriminatory or harassing conduct.

3.2 Interaction with equality and diversity policies

3.2.1 Ensuring diversity while respecting religious and belief rights

Diversity and inclusion initiatives are essential for creating equitable and respectful workplaces. However, ensuring diversity while simultaneously respecting religion or belief rights can present challenges.

To create an inclusive workplace, employers must develop policies (known as anti-discrimination policies, or equality and diversity policies) that recognise and celebrate diversity, including religion or belief diversity, while also maintaining respect for other protected characteristics such as gender, sexual orientation and disability. This balancing act requires careful consideration to ensure that no individual feels marginalised based on their religious beliefs as well as ensuring no one is made to feel excluded or harassed by those beliefs.

To balance these issues, employers should adopt clear anti-discrimination and anti-harassment policies that apply to all those covered by the EqA, regardless of their religion or belief. Employers should also provide diversity training to help staff understand the importance of respecting different religious perspectives while maintaining a culture of inclusivity. Such training helps the workforce navigate sensitive issues such as the expression of personal beliefs in ways that avoid conflict and promote mutual respect.

3.2.2 Creating inclusive policies that prevent discrimination

Creating inclusive policies that prevent discrimination while promoting diversity requires thoughtful planning and implementation. Employers should establish clear policies around religious accommodations, including:

• Flexible scheduling: policies that allow staff to adjust work schedules for religious observances such as prayer times, fasting periods or holidays.
• Dress codes: employers should ensure that uniform or dress code policies do not inadvertently discriminate against people based on their religious attire. For example, allowing headscarves, turbans and other religious garments as part of standard workplace attire is key to maintaining inclusivity.
• Food and beverage accommodations: employers should ensure that workplace events such as team lunches or celebrations, offer food options that respect religious dietary restrictions (eg, halal, kosher or vegetarian alternatives).

It’s also critical that inclusive policies emphasise respect for all protected characteristics under the EqA, preventing discrimination across the board. A policy should make it clear that while individuals are entitled to hold and express religious beliefs, they must not do so in ways that cause discomfort or harm to others.

Employers may also conduct Equality Impact Assessments (EIA) before implementing new policies. This process ensures that policies do not disproportionately affect specific religious or belief groups. For instance, if a new policy requires mandatory team-building events on weekends, this could inadvertently disadvantage people who observe religious days of rest such as Jews and Christians. An EIA would flag these potential conflicts and allow the employer to make adjustments before rolling out the policy.

Finally, to ensure that inclusive policies are effective, employers must provide regular training on equality, diversity and inclusion. This training should cover religion or belief rights under the EqA and educate the workforce on how to avoid discriminatory practices in everyday interactions. It should also highlight the importance of respectful dialogue, encouraging people to address disagreements about beliefs in constructive and non-confrontational ways​.

3.3. Health and safety regulations

3.3.1 Accommodating religious practices within health and safety requirements

Employers are legally obligated to provide a safe working environment (see Health and Safety Executive: The law on workplace safety). As explained above, employers also have a duty to accommodate religious practices. The challenge arises when these two obligations appear to conflict, as is often the case in industries that impose strict health and safety regulations. For example, some religious practices, such as wearing specific attire or following certain hygiene rituals, may conflict with health and safety policies.

In such cases, employers must take reasonable steps to accommodate religious practices while ensuring the safety of all the workforce. If no reasonable accommodation can be made, the employer may be justified in enforcing health and safety rules, but only if they can demonstrate that this is a proportionate response to a legitimate health and safety concern​.

3.3.2 Examples of conflicts and how to resolve them

Several examples highlight how religious practices can conflict with health and safety requirements and the steps employers can take to resolve these conflicts.

Personal Protective Equipment (PPE) and religious headgear

A common issue involves headgear. Sikhs may wear a turban for religious reasons while Muslim women may wear a hijab. In certain environments, such as construction sites, health and safety laws require workers to wear hard hats or other protective gear. This can create a conflict between the need to comply with safety regulations and the individual’s religious rights​. To resolve such conflicts, employers should explore alternative solutions such as providing modified PPE that accommodates religious attire without compromising safety standards. For example, an employer might allow a Sikh employee to wear a specially designed hard hat that fits over a turban as long as it meets safety standards. In other cases, employers may need to reassign staff to roles where specific safety equipment is not required if no accommodation can be made​.

Food hygiene regulations and religious dress

In industries such as food production or healthcare, religious garments such as the hijab or long sleeves may conflict with hygiene standards that require specific clothing to be worn to prevent contamination. Employers can resolve this by offering alternatives that meet both religious and hygiene requirements. For instance, providing disposable coverings for religious garments or designing uniforms that accommodate religious needs without compromising hygiene standards can be effective solutions​.

Prayer breaks in high-risk work environments

In some cases, religious observance may require people to take breaks for prayer at specific times. In high-risk environments, such as manufacturing plants or construction sites, unplanned breaks could potentially disrupt workflow and increase the risk of accidents. To resolve this, employers can establish designated prayer times that align with safety protocols by scheduling breaks during non-critical times in the work process​.

Section 4 – Identifying religion and belief discrimination in the workplace

4.1 Direct discrimination

Direct discrimination based on religion or belief occurs when an individual is treated less favourably than others specifically because of their religious beliefs, non-beliefs or perceived religion. For example, direct discrimination might occur if an employer refuses to hire someone because they wear religious attire, such as a hijab or a turban, or if an employee is disciplined for taking time off for religious observance, despite similar requests from other employees being accommodated. The critical aspect of direct discrimination is that the unfavourable treatment is directly linked to the religion or belief.

In practice, direct discrimination claims often arise when religious symbols, attire or practices conflict with workplace policies or assumptions about professional standards. Employers need to ensure that any unfavourable treatment or policies do not disproportionately affect people based on their religion or belief unless there is a justifiable reason such as health and safety requirements or a genuine occupational need.

4.1.1 Identifying direct discrimination in practice

Identifying direct discrimination in practice requires a careful examination of the specific treatment an individual has experienced and the reasons behind it. In practice, signs of direct discrimination normally include:

• Unequal treatment: for example, an employee of a particular religion being overlooked for promotion while others with similar qualifications are promoted.
• Discriminatory hiring practices: refusing to hire someone based on their religious attire or because of assumptions about their religion or belief.
• Disciplinary actions: an employee being disciplined more harshly for time off work due to religious observances compared to others who take time off for non-religious reasons.

In some discrimination cases, employers might attempt to justify differential treatment, but if the claim is one of direct discrimination on the grounds of the individual’s religion or belief, it will generally be unlawful. The only exception to this rule is when there is a genuine occupational requirement, which is a specific exemption allowing employers to impose certain requirements based on religion, but only when it is crucial for the job (schedule 9 EqA). For example, a religious organisation hiring a pastor might lawfully require the applicant to share their faith.

4.2 Indirect discrimination

Indirect discrimination occurs when an employer implements a policy, rule or practice that appears neutral on the surface but disproportionately disadvantages people of a particular religion or belief. This form of discrimination is often less obvious and usually unintentional. An example can be seen in workplace policies regarding work schedules. If an employer requires all staff to work on weekends, this could indirectly discriminate against people whose religious beliefs require them to observe a day of rest, unless the requirement can be justified by the employer.

Along with work scheduling and dress codes, food and beverage policies may also produce indirect discriminatory effects. If a workplace event includes only non-halal or non-kosher food, this could disadvantage Muslim or Jewish people as these religious groups follow specific dietary laws.

4.2.1 How to identify policies and practices that may indirectly discriminate

Identifying indirect discrimination in the workplace requires a careful review of policies, procedures and practices to assess whether they might disproportionately impact certain religious or belief groups as this impact may not be immediately obvious.

Employers should routinely examine policies on work hours, dress codes and other procedures that could have an unintentional impact on specific religious groups.

An EIA (see 3.2.2 above) is a systematic method for assessing how a policy might affect various protected groups including those with religious beliefs. These assessments can help flag any disproportionate impacts early on, allowing the employer to make necessary adjustments before implementing a potentially discriminatory policy​.

Employers can also gain valuable insights by actively engaging with staff from diverse religious backgrounds. Conducting surveys, focus groups or anonymous feedback sessions can help identify policies that may inadvertently disadvantage certain groups.

4.3 Harassment and victimisation

4.3.1 Defining harassment related to religion or belief

Harassment on the grounds of religion or belief is a form of discrimination that occurs when unwanted behaviour related to religion or belief (or lack thereof) creates an intimidating, hostile, degrading, humiliating or offensive environment for the victim.

Harassment in this context is not limited to overtly aggressive behaviour but can also include subtle or indirect actions such as offensive jokes, derogatory remarks or exclusion from workplace activities based on religious beliefs. For example, mocking dietary restrictions related to faith or making derogatory comments about religious practices could constitute harassment​.

Harassment can occur even when the behaviour is not specifically aimed at the individual complaining, or where that individual does not share the religion or belief in question. For example, if an employee overhears their colleagues making offensive remarks about a particular religion and this behaviour creates a hostile work environment, it could be considered harassment.

One of the key elements in defining harassment is the impact it has on the victim, rather than the intent of the perpetrator. This means that even if the person engaging in the behaviour did not intend to cause harm, the fact that their behaviour was unwelcome and created a hostile environment is sufficient to constitute harassment​. The fact the perpetrator considers it ‘banter’ is not a defence.

4.3.2 Recognising victimisation and the legal ramifications

Victimisation, in the context of religion or belief discrimination, occurs when an individual is treated unfairly because they have made or supported a complaint of discrimination or harassment. For example, if an employee reports religious harassment to HR and as a result is excluded from meetings or denied opportunities for promotion. Similarly, if another employee supports the victim by acting as a witness in the investigation and later experiences unfavourable treatment, such as being assigned fewer desirable tasks, this too will constitute victimisation​.

Victimisation can occur in a variety of forms such as demotion, isolation or changes in working conditions. It is important to note that victimisation can occur even if the original complaint is not upheld, provided that the individual made the complaint in good faith. It is essential that employers handle all complaints of discrimination or harassment carefully, ensuring that people who come forward do not face retaliatory actions​.

Tribunals tend to view retaliation against someone for raising a legitimate concern about discrimination or harassment as particularly serious. Employers can suffer reputational damage as a result, which may deter future talent and harm relationships with clients​.

Employers must create a culture where staff feel safe to report discrimination without fear of retribution. Implementing clear anti-victimisation policies and providing training to staff on their rights under the EqA are effective ways to prevent victimisation in the workplace. Employers should also have clear procedures for handling complaints and ensure that these processes are transparent and accessible to all staff.

4.3.3 Practical steps for employers to address harassment and victimisation

There are various steps employers can put in place to reduce the risk of claims of harassment and victimisation.

Clear policies

Employers should establish comprehensive anti-harassment and anti-victimisation policies that explicitly cover religion or belief. These policies should be communicated clearly to all staff and included in staff handbooks​.

Training

Providing regular training on equality, diversity and inclusion can help prevent harassment and victimisation by raising awareness of religious discrimination issues.

Grievance procedures

Employers should have a transparent and accessible process for handling complaints of harassment and victimisation. It is important that individuals feel confident their complaints will be taken seriously and handled confidentially.

Support systems

Offering support through employee assistance programmes or HR can ensure that individuals who experience harassment or victimisation receive the help they need.

Additional resources

Acas guide on religion or belief discrimination

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