Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Belief discriminationEquality, diversity and inclusionReligious discrimination

Legal Q&A: Religion and belief discrimination

by Personnel Today 6 Mar 2007
by Personnel Today 6 Mar 2007

The Equality Act 2006 is set to clarify the law on religion or belief discrimination. The Act changes the existing definition of religion and belief set out in the Employment Equality (Religion or Belief) Regulations 2003.


The Act also introduces provisions governing discrimination on the grounds of religion or belief in the provision of goods, facilities and services.



Q When will these changes come into force?


A The changes to the definition of religion and belief and the provisions relating to discrimination in the supply of goods, facilities and services will come into effect on 6 April 2007.



Q How will the definition of religion and belief change?


A Regulation 2(1) of the Employment Equality (Religion or Belief) Regulations 2003 (the regulations), defines religion or belief as “any religion, religious belief, or similar philosophical belief”. The explanatory notes to the regulations state that the reference to “similar philosophical belief” does not include any philosophical or political belief unless it is similar to a religious belief, but the Equality Act 2006 amends this definition by removing the word ‘similar’. Under the new definition, “belief means any religious or philosophical belief”. This change will, therefore, considerably widen the scope of what might be regarded as a philosophical belief as any genuine philosophical belief, including political beliefs, will be covered.



Q How will the Equality Act 2006 affect discrimination against non-believers?


A To date, it has been unclear whether or not prohibiting discrimination on the grounds of religion or belief in the regulations includes discrimination against non-believers. When the regulations came into force, Acas guidance suggested that the provisions should apply equally to those who are discriminated against on the grounds that they are non-believers, are not members of a particular religion or hold no particular belief. The Equality Act 2006 (section 77) amends the definition to expressly state that any reference to religion or belief includes a reference to a lack of religion or belief.



Q Will the Equality Act 2006 protect those who are discriminated against due to their association with someone of a particular religion or belief?


A Yes. In amending the definition of direct discrimination, the Equality Act 2006 makes it clear that discrimination in employment can occur on the grounds of another person’s religion or belief rather than the complainant’s. In other words, it will prohibit discrimination that is based on a claimant’s association with someone of a particular religion or belief – such as their spouse.



Q Does the legislation on religious discrimination protect people from being discriminated against on the grounds of their perceived religion or belief?


A The regulations define discrimination as less favourable treatment on the grounds of religion or belief, and therefore cover discrimination on the grounds of an employee’s perceived religion or belief (for example, where an employer mistakenly believes that a job applicant is Jewish and discriminates against them on that basis), regardless of whether or not that perception is correct. However, the new definition under the Equality Act 2006 states that discrimination is required to be “on grounds of the religion or belief of [the claimant] or of any other person”. So while discrimination on the grounds of an employee’s perceived religion or belief does not seem to be covered, this is believed to be an unintended consequence of the new definition of direct discrimination.


Note that the Equality Act 2006, section 45(2) expressly states that, in terms of discrimination on the grounds of religion or belief in the provision of goods and services, “a reference to a person’s religion or belief includes a reference to religion or belief to which he is thought to belong or subscribe”. Therefore, discrimination on the grounds of a person’s perceived religion or belief is covered in these circumstances.



Q What changes will the Equality Act 2006 make to the existing equality commissions?


Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

A The Equality Act 2006 will create a single Commission for Equality and Human Rights (CEHR). This will replace and take on the functions of the Commission for Racial Equality, the Disability Rights Commission and the Equal Opportunities Commission from October 2007. The CEHR will take responsibility for regulating equality in respect of religion and belief, sexual orientation and age. It will also take responsibility for human rights.


By Sarah-Marie Williams, solicitor, Clyde & Co




Personnel Today

Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

previous post
Staff want pensions presentations to be easier to understand
next post
Northern Ireland: Is there still a big divide between Protestant and Catholic workers?

You may also like

One in eight senior NHS managers from black...

1 Jul 2025

Progressive DEI policy is a red line for...

27 Jun 2025

BBC Breakfast bullying and misconduct allegations under investigation

20 Jun 2025

Barts nurse told to remove watermelon image claims...

19 Jun 2025

Finance professionals expect less emphasis on ESG and...

18 Jun 2025

Lack of role models a ‘barrier’ for people...

17 Jun 2025

Pride 2025: why corporate allyship still matters

16 Jun 2025

HR is second ‘most sexist profession’ survey suggests

13 Jun 2025

Racism claims have tripled and ‘Equality Act is...

12 Jun 2025

School’s bid to appeal Kristie Higgs ruling refused...

11 Jun 2025

  • Empowering working parents and productivity during the summer holidays SPONSORED | Businesses play a...Read more
  • AI is here. Your workforce should be ready. SPONSORED | From content creation...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+