How does the law protect religion or belief at work?
Religion or belief is one of the nine protected characteristics in the Equality Act 2010. It covers any religion, any religious or philosophical belief, and having no religion or belief. Employers must not directly or indirectly discriminate, harass or victimise anyone because of it, and Acas says they should try to accommodate related requests where possible.
What counts as religion or belief
Section 10 of the Equality Act 2010 says religion means any religion and belief means any religious or philosophical belief, and both include a lack of religion or belief. The law does not list religions or beliefs, and an employment tribunal decides whether a belief is protected.
Acas explains that a philosophical belief must be genuinely held, more than an opinion based on current information, about a significant aspect of human life and behaviour, clear, consistent, serious and important, and acceptable in a democratic society.
Types of discrimination
- Direct discrimination: less favourable treatment because of someone's religion or belief, a perceived belief, or the belief of someone they are connected with
- Indirect discrimination: a rule that applies to everyone but disadvantages people of a particular religion or belief and cannot be objectively justified
- Harassment: unwanted conduct related to religion or belief that violates dignity or creates an offensive environment
- Victimisation: treating someone badly because they complained about discrimination or supported a complaint
Practical issues
Acas says there is no legal requirement to give time or facilities for religious reasons, but employers should try to accommodate requests where possible, as an unreasonable refusal could be discrimination. Time off for festivals should not take priority over other reasons for leave, as that could discriminate against people with no religion or belief.
Dress codes should be flexible enough to accommodate religious needs, and any restriction should have a legitimate aim, such as health and safety or hygiene, and go no further than necessary. People have the right to hold beliefs others disagree with, but employers can require them to express those beliefs respectfully and not to discriminate against others.
The law
“Belief means any religious or philosophical belief and a reference to belief includes a reference to a lack of belief…”
“A cannot show it to be a proportionate means of achieving a legitimate aim…”
Sources
- Religion or belief discrimination: what the law says · Acas
- Types of religion or belief discrimination · Acas
- Preventing religion or belief discrimination · Acas
- Discrimination: your rights · GOV.UK
General information for employers in Great Britain, not legal advice. Check the official sources for your situation.
What employers can do
- Review dress code, break and leave policies for any indirect impact on religion or belief
- Handle requests for prayer time, fasting or festival leave consistently and record the reasons for decisions
- Consider whether a quiet space can be provided, without favouring one religion or belief
- Set clear expectations on respectful expression of beliefs at work and on social media
- Take care before formal action over how someone expresses a belief, as this is a sensitive area
Recent tribunal decisions on this topic
Tribunal tracker- Go South Coast Ltd T/a More Bus Religion or belief discriminationTrade union membership Read the decision on GOV.UK
- New Life Balance Ltd Age discriminationRace discriminationReligion or belief discrimination Read the decision on GOV.UK
- Manchester University NHS Foundation Trust Race discriminationReligion or belief discrimination Read the decision on GOV.UK
Being listed does not mean a claim succeeded. Read the decision for the outcome; decisions can be reconsidered or appealed. If a listing concerns you, or a decision has since been anonymised or removed, tell us and we will review it and remove it where appropriate.
Related answers
- What are the protected characteristics under the Equality Act 2010? The Equality Act 2010 lists nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. In Great Britain, employers must not discriminate against job applicants, workers or former workers because of any of them.
- How should employers handle a grievance? Employers should try to resolve concerns informally where appropriate. If a formal written grievance is raised, the Acas Code expects a meeting without unreasonable delay, the right to be accompanied, any necessary investigation, a written decision without unreasonable delay, and an appeal heard impartially by a manager not previously involved where possible.
- What is a fair disciplinary procedure? In Great Britain, a fair disciplinary procedure follows the Acas Code of Practice: investigate to establish the facts, tell the employee about the problem in writing, hold a meeting where they can respond, allow them to be accompanied, decide and confirm the outcome in writing, and offer an appeal.