Leducate Explains: Religious Discrimination
Hint - key terms are defined. Just click on the blue words to see their definitions!
In this series of articles, we are going to explore the complex law of discrimination further. Be sure to check out this article about discrimination too. This article focuses on discrimination in relation to religion.
What is a belief?
S.10 of the Equality Act 2010 provides that you should not be treated unfairly due to your religion or belief. The word “belief” covers any religious belief, which includes any major religion such as Christianity or Islam, as well as smaller religious groups too, like Paganism and Scientology. Sects within a religion such as Protestants and Sunnis are also included. Importantly, the law also includes protections for philosophical beliefs as well as a lack of belief too, This means a person’s right to not be discriminated against as an atheist or climate change believer are also protected.
An example of a successful claim to protect your beliefs under S.10
Grainger PLC v Nicholson
Grainger had been made redundant, he believed that he had been selected for redundancy first due to his belief that climate change was real. In assessing whether this belief in climate change was covered under S. 10, the tribunal created a five-step test. This test is important in S.10 claims as it considers whether a person’s belief is protected under the Act or not.
The belief must be genuinely held
The belief must be a belief and not an opinion
The belief must be weighty and substantial
The belief must be serious and important
The belief must be worthy of respect in a democratic society and not conflict with the beliefs of others
Using this test, the tribunal found that a belief in climate change was protected under S.10 as a philosophical belief.
An example of an unsuccessful S.10 claim
Farrell v South Yorkshire Police Authority
Farrell was employed as an intelligence analyst by the police, he held the belief that 9/11 and 7/7 were “inside jobs” carried out by a “new world order”. The police thought that these beliefs were incompatible with his role as an intelligence analyst and as such his employment was terminated. He claimed unfair dismissal and unlawful discrimination under S.10.
The employment tribunal applied the same test that was applied in Grainger (above) and found that Farrell’s beliefs were not a belief protected by S.10 as his conspiracy theory views could not be considered “serious” under step four of the test.
What are the problems with the definition of “belief?”
These contrasting examples highlight how there can be issues with how to define which beliefs get protected by the law and which ones don’t. Mainstream religious beliefs are all taken to pass the Grainger test, but has to be applied on a case-by-case basis to non-religious beliefs or more niche religions. This leads to inconsistencies in how tribunals apply the test and different reasons are often given for whether a belief is protected or not.
As shown with the two above cases, the beliefs of the two claimants may have been genuinely held and serious to them, but it boils down to the opinion of a judge and tribunal on whether that belief is important and serious enough to be protected under the law. Therefore, we can see that those with more mainstream beliefs may find it easier to prove they have been discriminated against, but those members of smaller religions or those with non-religious beliefs may have a harder time.
How does this protection apply to you?
It can apply to you directly if you have been discriminated against for your beliefs, this means that someone has treated you unfairly because of a belief that you hold. For example, if an employer refuses to hire someone because they are Muslim, that is direct discrimination.
It can also apply indirectly, this means that you are discriminated against because a policy that applies to everyone equally has the effect of putting you at an unfair disadvantage. For example, a workforce ban on jewellery has the effect of unlawfully discriminating against Sikh men that work there as they are forced to remove their Khalsa.
The rules can apply to you personally where someone treats you unfairly because of a belief you hold. They can also apply where someone treats you unfairly because they believe that you hold a certain belief, even though you may not hold that belief. Further, they can apply where someone treats you unfairly due to you associating with someone who holds a particular belief.
Practicalities of applying these rules
Clearly, in some situations, it may be difficult to juggle health and safety by allowing someone to express their beliefs. Where a policy that has led to discrimination is justified in protecting a “legitimate aim” a tribunal may not allow you to claim protection under S.10.
In the case of Chaplin, for example, a nurse was not allowed to claim that a hospital discriminated against her by forcing her to remove her crucifix necklace whilst working. This was because the court agreed that the ‘no jewellery policy’ had the legitimate aim of maintaining hygiene requirements for the patients and other staff.
Compensation under the Equality Act 2010
The court can order someone to pay money to another person if they are found to have discriminated against them. The amount that will be paid will take into account any financial losses, hurt to feelings and injury to health (including physical and mental health) as a result of the unlawful discrimination. There is no limit on the amount of money that the court can order someone to pay, so any and all losses that have been suffered can be compensated for.
Compensation can also be non-financial too. A “declaration” can be made which simply acknowledges that unlawful discrimination occurred, this can be useful where a company was thinking of taking disciplinary proceedings against the person. Secondly, a court may make a “recommendation” to an employer to alter any discriminatory policies they have, although this isn’t legally binding, the employer will be expected to acknowledge them or risk paying further compensation.
Written by Daniel Powell
Glossary box
Tribunal - Similar to a court. They deal with cases only in a specific area, such as an ‘employment tribunal’ will deal only with cases of an employment nature.
Khalsa - Part of the Sikh religion, which includes the wearing of a steel bracelet
Associating - In this context this means being someone’s friend or relative