|
The new Employment Equality legislation has come into force from 2 December 2003 that will make is unlawful to discriminate against workers because of religion or similar belief.
The new regulations apply to vocational training and all aspects of employment including recruitment, terms and conditions, promotions, transfers, dismissals and training.
Definition
Within the regulations there is no explicit definition. It can be regarded as any religion, religious belief or similar philosophical belief. It will be for the tribunals and higher courts to decide what is considered a religion The courts may consider things when deciding what is a religion or similar belief such as collective worship, a clear belief system, a profound belief affecting the way of life or view of the world. The regulations will also cover those without religious or similar beliefs.
What is unlawful?
- Direct discrimination - Workers or job applicants must not be treated less favourably than other because they follow or are perceived to follow a particular religion or belief.
- Indirect discrimination - An organisation must not have any policies or practices which although they are applied to all employees, have the effect of disadvantaging people of a particular religion or belief unless the practice can be justified. To justify it an employer must show there is a legitimate business need.
- Harassment - Behaviour that is offensive, frightening or in an way distressing related to an individual's religion or belief. It may be comments or behaviour that is about the religion or belief of those with whom the individual associates.
Religious observance in the workplace
The new regulations specify that employers must provide time and facilities for religious or belief observance in the workplace.
Pray - Some religions may require their followers to pray at specific times during the day. Employees may require access to an appropriate quiet place to pray. It is good practise to designate a quiet area, that is for the specific purpose of prayer or contemplation.
Time off - There are religious festivals or spiritual observance days which workers may request holiday in order to celebrate or attend. Employer should consider if it is practical for the employee to be away from work and have sufficient holiday entitlement.
Holiday system - Many employers close organisations for specific periods when all staff must take their annual leave (eg. Christmas period). Employers should consider whether such closures are justified and may prevent employees taking annual leave at other times which are significant to their religions.
Procedures - Employers should have clear, reasonable procedures for handling requests for leave and ensure that all employees are aware of their rights.
Clothing / Jewellery - Where organisations have specific dress code, employers should be careful it does not conflict with the dress requirements of some religions. This may constitute indirect discrimination unless there is clear justification such as on the grounds of health and safety. This also relates to the wearing of jewellery and markings, which are traditional within some religions or beliefs.
A Genuine Occupational Requirement (GOR) - In certain circumstances it will be lawful to treat people differently if it is a GOR that the job holder must be from a particular religion or belief. Advertisements and recruitment materials should clearly state that GOR applies. An example of GOR could be for a teacher in a faith based school.
Recruitment
Ensure advertising of vacancies is accessible to a wide range of people.
- Avoid methods that may limit the diversity of applicants and may constitute indirect discrimination.
- Avoid unnecessary selection criteria, which might prevent people from applying because of their religion or belief.
- Flexibility around interview / selection times such as avoidance of significant religious times is good practice.
- It is good practice for an employer to specifically invite applicants to make any special needs know.
- At interviews personal questions which maybe intrusive and implies potential discrimination should be avoided. Assumptions about should not be made about who will and who will not fit in.
Training
Opportunities for training should be promoted and available to all staff on a fair and equal basis.
Considerations in training:
- Special dietary requirements eg. kosher and halal.
- Avoid ice breakers that use language or physical contact that might be inappropriate for some beliefs.
- Avoid training exercises that require exchange of personal information.
- Do not exclude people through choice of venue, for example for those staff whose religion forbids association with alcohol a pub or bar would be an unsuitable training venue.
This information is taken from the Acas guidance. The full Acas guidelines are available at www.Acas.org.uk. Acas can be contacted on 08457 474747.
|
