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You are in: Workplace > Understanding the Regulations - A practical guide

Part 2 of the Equality Act 2006 came into effect on 6 April 2007 and makes it unlawful to discriminate on grounds of religion or belief

  • in the provision of goods, facilities and services
  • in the disposal and management of premises
  • in education
  • in the exercise of public functions

The definition of religion or belief under part 2 is wider than the definition provided in the Employment Equality Regulations (Religion or Belief) 2003. The new definition has four strands:

  1. 'religion' means any religion
  2. 'belief' means any religious or philosophical belief
  3. a reference to religion includes a reference to a lack of religion
  4. a reference to belief includes a reference to lack of belief

In the Employment Regulations 2003, 'religion' or 'belief' encompasses any religious belief or similar philosophical belief. In the new definition, beliefs do not have to be philosophically ‘similar’ to religious beliefs. The explanatory notes, published with the Equality Act, advise that the religion or belief ‘must have a clear structure and belief system.’ It specifies: the Baha’i faith, Buddhism, Christianity, Hinduism, Islam, Jainism, Judaism, Rastafarianism, Sikhism and Zoroastrianism. Denominations or sects in a religion are also religions, eg Catholics or Protestants in Christianity. In terms of beliefs, humanism or atheism are likely to be included. Political beliefs are specifically excluded.


It will however be up to individual tribunals and courts to decide whether a belief of religion falls within the scope of the legislation. It is likely that tribunals will consider factors such as collective worship, a clear belief system, a profound belief affecting the way of life or view of the world. However it is also likely that they will take a very broad view of the worthiness of protection of sincerely held beliefs.


The Regulations do not protect against discrimination on grounds of belief not akin to religion or similar philosophical belief, for example, being a fanatical supporter of a particular football club, being a strong supporter of a particular political party or passionately pursuing a particular hobby or pastime.

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