Belief Systems
The smother of religious discrimination in the workplace arse be a huge challenge for many
employers.
Michael Stokes reviews recent developments.
No right-thinking psyche could believe that it is acceptable to discriminate against someone
because of that persons religious belief…although as soon as I type that, Im not so sure about
what it means. I know, in my bones, that it is wrong to treat someone badly because I dont
like or share their theology. That disembodied spirit in my bones has been supported by legislation since
2003, when the business Equality (Religion or Belief) Regulations 2003 came into force.
Those Regulations were superseded by the Equality Act 2010, moreover the essential provisions
protecting workers from discrimination by reason of their religion have been preserved. The
same protection from direct and indirect discrimination, and from badgering or victimisation,
is now set out in the 2010 Act.
Of course, the offset printing little complication with this type of employment protection is that it
applies to those who thrust not only religious, but also philosophical beliefs. And what can that
extend to?
Burton J in Grainger plc v Nicholson (EAT) gave the following cause:
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The belief must be genuinely held
It must be a belief, and not an opinion or viewpoint found on the current state of
information available
It must be a belief as to a weighty and potent aspect of human life and behaviour
It must attain a certain level of cogency, seriousness, cohesion and importance
It must be model(prenominal) of respect in a democratic society, not be incompatible with human
dignity and not conflict with the fundamental rights of others.
more or less early examples of beliefs that have been approved by courts and tribunals are a belief
in climate change, a belief against fox catch and a belief in the higher purpose of public
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