No employee or potential employee should receive less favourable treatment or consideration because of their religion or belief. This law is governed by the Equality Act 2010 and discrimination in recruitment, promotion, terms and conditions of employment, training, disciplinary and grievance procedures, dismissals and redundancy is prohibited.
Religion is defined in the Act to mean any religion and a lack of religion. Belief can mean any religious or philosophical belief or lack of it. People who share the characteristic are people of the same religion or belief.
Religion or belief discrimination can take the following forms:-
Direct Discrimination
This is where a person (A) treats another (B), because of their religion or belief less favourably than A treats or would treat others.
Indirect Discrimination
This is where an employer applies a provision, criterion or practice equally to all but it puts or would put people with a particular religion or belief at a particular disadvantage when compared with others or puts a person who do not share that religion or belief at a disadvantage and it cannot be shown to be a proportionate means of achieving a legitimate aim.
Harassment
A person (A) harasses another (B) if:-
(a) A engages in unwanted conduct for a reason related to B’s religion or belief; and
(b) the unwanted conduct has the purpose or effect of (i) violating B’s dignity or (ii) creating an intimidating, hostile, degrading, humiliating or offensive environment for B.
Victimisation
A person (A) victimises another person (B) if A subjects B to a detriment because B raises a grievance about religion or belief discrimination, brings a claim of religion or belief discrimination, complains about or alleges religion or belief discrimination or gives evidence or information in relation to someone else’s religion or belief discrimination claim or because A believes that B has done or may do one of those things. So if for example you are denied promotion or training because of your involvement in a complaint of religion or belief discrimination, this may be considered victimisation.
If an allegation is made in bad faith or false evidence or information is given this may mean you are not protected. .
If you think that you have suffered any of the above kinds of religion or belief discrimination then contact us for an initial telephone consultation to assess the merits of your case.