You are in: Workplace > Employment Equality (Religion & Belief) Regulations 2003

• The Regulations apply to all aspects of employment including recruitment, terms and conditions, promotions, transfers, dismissals and training. They also apply to vocational training.

• The Regulations make it unlawful on the grounds of religion or belief to:
  
  
  • Directly discriminate against anyone. This means that a person cannot be treated less favourable because of their religion or belief. This includes treating a person less favourable because they are perceived to have a particular religion or belief, irrespective of whether that perception is right or wrong. It also includes treating a person less favourably because of someone else’s religion or belief, for example, the religion of their spouse or partner.
    
    
  • Discriminate indirectly against anyone. Indirect discrimination occurs where a person applies a criterion, provision or practice equally but people of a particular religion or belief are disadvantaged because they are not able or less able to satisfy the requirements of particular criterion, provision or practice. This will be unlawful unless it can be objectively justified as a proportionate means of achieving a legitimate aim.
    
    
  • Victimise someone because they have made or intend to make a complaint or allegation as a result of the new regulations. This also applies where someone is victimised because they have given or intend to act as a witness in relation to a complaint.
    
    
  • Subject someone to harassment. Harassment is unwanted conduct that violates a person’s dignity or creates an environment that is intimidating, hostile, degrading or humiliating having regard to all the circumstances and the perception of the person harassed. It should be ‘reasonable considered’ that the person’s dignity has been violated or that the environment has been offensive.
    
    
  • Discriminate or harass someone in certain circumstances after the working relationship has ended, for example in the giving of references.
    
    
• The Regulations do permit discrimination in very limited circumstances where a genuine occupational requirement exists. The employer must be able to demonstrate that she or he has an ethos based on religion or belief that results in a genuine and determining occupational requirement for a worker to be of a particular religion or belief and that it is proportionate to apply that requirement in a particular case.

• The Regulations provide for positive action to be used to ‘prevent or compensate for disadvantage linked to a persons religion or belief.’ Positive action may be used therefore, to attract job applicants from minority communities or to encourage people from different religions and beliefs to apply for training and development opportunities.