Religion or belief discrimination

It is against the law for an employer to discriminate against you because of your religion or certain beliefs. Find out about your rights and what you can do if you're worried about religion or belief discrimination.

How does the law define religion or belief?

Employment law defines religion or belief as any religion, religious belief or similar philosophical belief. There's no specific list, but it includes all major religions and less widely practised ones. If it's uncertain what counts as a religion or belief under law, an Industrial Tribunal can decide.

Types of discrimination

Direct discrimination

You have the right not to be treated less favourably than someone else (like not being promoted) because of your religion, belief, your perceived religion or belief, or the religion or belief of people you associate with. However, direct discrimination is allowed where religious belief is a necessary requirement for the job. For example, a Roman Catholic school may be able to restrict applications for a scripture teacher to baptized Catholics.

Indirect discrimination

You have the right not to be disadvantaged by a policy at work because of your religion or belief. If you're a devout Muslim or Sikh for example, a head-covering policy for all employees could discriminate against you. This kind of indirect discrimination may be unlawful, whether or not its done on purpose. Its only allowed if its necessary for the way the business works.

Harassment and victimisation

You have the right not to be bullied or made fun of at work, or in a work-related setting, like a social event for example, because of your religion or belief. You also have the right not to be victimised. You shouldn't be treated less favourably because you've complained (or been involved in a complaint) about religion or belief discrimination.

If you're bullied or victimised in the mistaken belief that you're a member of another religion, you may also be protected under race discrimination laws.

Employment practices and religion

Giving information to your employer

You don't have to give information to your employer about your religious beliefs, but if you do, it will help them meet the needs of religious employees. Any information you give should be confidential (and anonymous if possible).

Time off and facilities

Employers don't have to provide time and facilities for religious observance, like a prayer room for example, but they should try to do so where possible. If there is a suitable room you should be allowed to use it, provided it doesn't disrupt others or your ability to do your job properly.

Organisations should consider carefully whether they are inadvertently discriminating indirectly. For example, if team meetings always take place on a Friday afternoon this may discriminate against Jewish and Muslim staff for whom Friday afternoon has a particular religious significance. Employers will not escape liability in an Employment Tribunal by showing that discrimination was inadvertent or accidental.

Religious holidays

If you want time off for religious holidays, you need to ask well in advance. Your employer should consider your request sympathetically but they can refuse if it will affect the business.

Clothing

If you wear clothing or jewellery for religious reasons, your employer should make sure any dress code doesn't discriminate against you. A flexible dress code is usually possible, as long as health and safety isn't at risk.

Food

Some religions don't allow you to eat certain foods. If you don't want to handle such food. If you work in a supermarket and don't want to handle pork, for example, speak to your employer. They might be able to manage your request, provided it doesn't affect the business.

Religion and sexual orientation in the workplace

Some people may have particular views on sexual orientation because of their religious beliefs. However, people shouldn't treat, for example, gay or lesbian colleagues differently. In the workplace, everyone has the right to be treated with respect, no matter what their sexual orientation.

More about sexual orientation

What should you do next?

If you think you've been discriminated against because of your religion or belief, or you have a religious requirement that isn't being met, you can talk to your:

employer
human resources department
trade union representative, if you belong to a union

Keep a written record of any bullying or harassment. You should also tell your employer about any medical help you seek as a result of bullying. If possible, try to resolve the matter informally, but if not, you can follow your employer's grievance procedure. As a last resort, if you feel you've been discriminated against, you can make a claim at an Industrial Tribunal.