About this Factsheet Muslim women could be discriminated against on many grounds e.g. due to their gender, race, religion, age, disability and sexuality. Due to the rise in Islamophobia and the nature of enquiries received on discrimination, this fact sheet has been developed to focus on religious discrimination only. However, legislation is constantly changing, so please use the information provided as a guideline and seek professional advice.
What the Law Says You are protected from religious discrimination in your workplace whatever your religion or belief and whatever your employer's religion or belief.
The Employment Equality (Religion and Belief) Regulations came into effect in December 2003. This law ensures legally people can no longer be denied jobs because of prejudice; harassment can be tackled promptly and effectively and people have an equal chance of training and promotion, whatever their background. This law prevents employers from discriminating in terms of Religion or philosophical belief and lack of religion, for the following actions:
recruitment and selection
determining pay and benefits
terms and conditions e.g. working practices such as hours of work, dress codes etc
training, development, promotion and appraisals
dismissal, redundancy and retirement
discipline and grievances
bullying and harassment on the grounds of religious or philosophical belief
You do not have to accept discriminatory treatment. You are protected against such treatment and you do not need to have been employed for a particular length of time to have these rights. The law protects you from unequal treatment in employment on any of these grounds regardless of whether you are a full- or part-time employee, in a temporary job, or if you are a freelance or agency worker.
Please note that in October 2010, provisions of the Equality Act 2010 begin to be brought into force. This will give rise to further protection from discrimination on grounds of religious belief. More information can be found on the Government website on www.direct.gov.uk.
Types of Discrimination
Discrimination in the workplace can take place in a number of forms:
1. Direct – This would be where a person is treated differently because of their religion or belief.
Example: At interview it becomes apparent that a job applicant is Muslim. Although the applicant has all the skills and competences required of the job, the organisation decides not to offer him the job because she is a Muslim. This is direct discrimination.
2. Indirect – This is where a provision, criterion or practice which applies to all but causes discrimination against a particular religion. The employer must be able to justify the practice on non-discriminatory grounds.
Example: A Chief Executive applies a ‘no headwear’ policy to all his staff. The policy, although applied to all employees, disadvantages his Sikh Male and Muslim women staff who wear turbans and hijabs for religious reasons. There would be indirect discrimination if the employer cannot give a reasonable justification, such as safety considerations, for the policy.
In some circumstances, indirect discrimination on grounds of religion or belief may be justifiable. But only if it is considered to be a proportionate means of achieving a legitimate aim. For someone to justify indirect discrimination, they would need to show that there is a genuine business need for a policy that is a particular disadvantage to a certain religion or belief, and that there is no alternative to it.
3. Harassment / Bullying– a worker subjects another worker to harassment on grounds of religious or philosophical belief, which leads to the discriminated worker’s dignity being violated or creating an intimidating, hostile, degrading, humiliating or offensive environment.
Example: A worker is continually teased about her religious convictions or even a family member’s religious convictions. She finds being subjected to such teasing offensive and distressing and complains to her manager. The manager tells her not to be silly, that the teasing is only harmless workplace banter and is nothing to do with the organisation.
4. Victimisation – A worker is treated less favourably from other staff because she has or will be making a complaint of discrimination against her colleagues or organisation. It may also occur when a worker has supported someone who has made or intends to make a complaint about discrimination, and then that worker is treated less favourably because of the support. Examples of victimisation at work could include:
being labelled a trouble-maker
being denied promotion or training opportunities
being ignored by work colleagues
being given a poor reference.
Frequently Asked Questions
1. Can an employer prevent a woman from wearing hijab? An employee who is forced to or prevented from wearing clothing which offends their religion or belief could give rise to a claim of indirect discrimination if the employer does not have a reasonable justification for the rule. Your employer should make sure any dress code does not discriminate against you. A flexible dress code is usually possible, as long as health and safety requirements are not at risk.
2. Does an employee have a right to take religious holidays? If an employee is prevented from taking a religious holiday even though they have followed the proper procedures for requesting holidays providing taking time off does not interfere with the smooth running of the organisation, then an employee could have a claim for indirect discrimination. However, the employer can argue an objective reason as to why the holiday was refused.
3. Does an employee have a right to ask for prayer facilities? There is no specific requirement for an employer to provide prayer facilities. Your employer does not have to give you time off or provide facilities for religious observance. However, it is good practice for employers to try and provide such facilities if possible. For example, if you need a prayer room and there is a suitable room available you should be allowed to use it, provided it does not disrupt others or your ability to do your job properly.
4. Can I refuse to handle certain foods? A person may not want to handle certain foods as it is forbidden to be eaten in their religion. For example, if you work in a supermarket, you may not want to handle pork. You should speak to your employer and ask if you your work schedule could be arranged so you do not have to do this. An employer does not have to agree but may be able to manage your request, provided it does not affect the business.
What to do if you feel you are being discriminated
You should try and follow these steps:
1. If it is a work colleague who is discriminating against you, tell them to stop. If they don’t then tell your manager or someone else higher up in the organisation about the discrimination.
2. If the employer is discriminating against you, then try to resolve the matter informally with your employer, they may not realise they are discriminating against you.
3. Follow your organisation’s grievance procedures. If you do not do this, then even if you are successful with a later claim, you will lose a proportion of any compensation.
4. If you are a member of a union, then contact your trade union representative.
5. Contact your local Citizen’s Advice Bureau.
6. Contact the Advisory Conciliation and Arbitration Service (ACAS) – who advise both employees and employers on their employment rights.
7. Contact an Employment Tribunal - If you are not satisfied with your employer’s response, you may be able to apply to an employment tribunal – you must submit your claim within 3 months of the incident. An employment tribunal should be used as a last resort. If the claim is against an institution of higher or further education, then an application can also be made to the county or sheriff court within 6 months of the alleged incident.
If you are still working for the employer, ACAS and/or the Tribunal Service may recommend mediation over the issue. This is because the process of fighting a claim against your employer is very damaging and mediation is considered to be a better way to reach agreement between you. To make a claim to the Employment Tribunal, download the ‘Making a claim at the Employment Tribunal’ from: Click here
To help with the procedure, a questionnaire has been created so an employee can ask questions of someone who they believe has discriminated against them, this should either be filled out before applying to the tribunal or within 21 days of the application being received by the employment tribunal or court. Click here
8. If not successful in the Employment tribunals, you could take the case to the European Courts of Human Rights, although, the court has mainly ruled in favour of restricting symbols and clothing as religious signs.
Further Information
The following are a list of useful contacts where you can seek further advice.
1. Local law firms that specialises in discrimination law - search your local directory.
2. Law Centres - These are not-for-profit legal practices providing free legal advice and representation to disadvantaged people. There are 56 Law Centres in England, Wales and Northern Ireland, staffed by solicitors and barristers who specialise in areas of civil law including employment, housing, discrimination, welfare benefits, education and immigration.
4. Directgov - the official UK government website for citizens: www.direct.gov.uk For their advice on tackling discrimination in the workplace and your rights: Click here
5. Equality and Human Rights Commission (EHRC) - Theyhave a statutory remit to promote and monitor human rights; and to protect, enforce and promote equality across the seven "protected" grounds - age, disability, gender, race, religion and belief, sexual orientation and gender reassignment. www.equalityhumanrights.com
Contact their helpline (Monday - Friday 8am - 6pm) for information and guidance on discrimination and human rights issues.
England 0845 604 6610 Scotland 0845 604 5510 Wales 0845 604 8810
To find out your rights not be discriminated against due to your religion or belief.
6. Advisory Conciliation and Arbitration Service (ACAS) – Advise both employees and employers on their employment rights. Information on the Employment Equality (Religion and Belief) Regulations can be found at: Click here
ACAS helpline: 08457 47 47 47
(Mon to Fri 08:00-20:00 / Saturday 09:00-13:00)
7. The Employment Tribunal – are independent judicial bodies who deterimine disputes between emploters and employees over employement rights. They hear claims about matters to do with employment which include unfair dismissal, redundancy payments and discrimination. An employment tribunal is like a court but not as formal. It must act independently therefore cannot give legal advice.
The website provides a list of employment tribunal offices as well as advice on tribunal procedures and provides guidance on how to make a claim. visit their website at http://www.employmenttribunals.gov.uk
Public Enquiry Line : 0845 795 9775
8. Just Employment - This is a resource is designed to help projects employ both paid staff and volunteers, with a duty of care that embraces both the employers’ legal obligations and the moral and ethical standards expected of the faith sector.
Just Employment has been produced by Church Urban Fund in partnership with the diocese of Chester, Liverpool and Manchester, and has been updated in June 2010 from the original 2007 version. The resource includes guidance on recruiting and managing staff and volunteers, practical advice, case studies and examples, and over 50 templates for letters and documents.
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