Do you believe?

Jon Loney, employment specialist at South West law firm Foot Anstey, highlights employers’ duties under the Employment Equality (Religion or Belief) Regulations.

Religious extremism has been at the forefront of the British media in recent months, from the horrific atrocities of the July bombings in London to the more recent alleged attempt by terrorists to detonate bombs on transatlantic flights out of the UK.

Following the September 11 terrorist attacks in New York, whose five year anniversary has just passed, many Muslims in the UK were subjected to an almost unprecedented degree of harassment and victimisation, even in their places of work.

The introduction of the Employment Equality (Religion or Belief) Regulations in December 2003 aimed to offer protection to victims of unfair treatment, harassment or discrimination as a result of their religious beliefs (or lack of) at work.

This month saw the first decision from the Employment Appeal Tribunal brought under the Regulations. Despite the failure of the individual’s claim now would be a good time for employers to look at the Regulations.

Religion is no bar to employment

The Regulations make it illegal to treat a person less favourably because of their actual (or perceived) religion or belief, or the religion or belief of someone else such as their spouse or partner. An example would be failing to short-list a job applicant who was equally as well qualified and suited for the job as anyone else purely on grounds of their religion.

Nor can an employer apply a criterion, provision or practice equally to all employees in circumstances which indirectly disadvantages those of a particular religion or belief. An example of this would be imposing a new work rota making a practicing Christian work on Sunday mornings.

It is also unlawful to victimise someone making a complaint under the Regulations or to subject them to harassment by violating their dignity or creating an environment that is intimidating, hostile, degrading or humiliating.

Are the Regulations working?

According to the latest annual report for 2005-6, only 486 claims were made to Employment Tribunals under the Regulations and only 9 were successful. So what do these statistics mean?

Optimists might think employers are doing a good job and handling issues over religion and belief in a sensitive and appropriate manner. Alternatively pessimists may believe many employees are simply not yet fully aware of their rights.

The facts may well support the latter view with the number of claims under the Regulations increasing from 70 during the first year of the Regulations coming into force in 2003-4 to 486 during 2005-6.

Employers need to take stock

Whichever assessment you chose to believe, the current climate means all employers should handle these issues with the sensitivity and care, or risk the possibility of an award of an unlimited amount of compensation being awarded against them in an Employment Tribunal.

Contact Jon Loney on 01752 675000 for further information or details of Foot Anstey’s Employment Seminars.

Published 27/09/2006.