EC Equal Treatment Framework Directive 2000/78/EC
Employment Equality (Religion or Belief) Regulations 2003 SI 2003/1660
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NOTES

  • EC Equal Treatment Framework Directive 2000/78/EC of 27th November 2000 establishes "a general framework for equal treatment in employment and occupation".
  • The Employment Equality (Religion or Belief) Regulations 2003 SI 2003/1660 were made on 26th June 2003 and came into effect on 2nd December 2003.
  • Equality Act 2006 s.77 substitutes a new definition of "religion or belief" in the 2003 regulations.
  • The Employment Equality (Sexual Orientation) (Religion or Belief) (Amendment) Regulations 2007, SI 2007/2269 deal with unlawful discrimination by qualifications bodies and providers of vocational training.
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    BASIC POSITION

    The Employment Equality (Religion or Belief) Regulations 2003, SI 2003/1660 make it unlawful to discriminate on grounds of religion or belief in employment and vocational training. With effect from 2nd December 2003 they prohibit direct discrimination, indirect discrimination, victimisation and harassment in the employment field (including vocational training) by reason of "any religion, religious belief, or similar philosophical belief".

    The wording noted above was changed with effect from 30th April 2007 in order to ensure (i) that any philosophical belief is covered whether or not "similar" to a religious belief and (ii) that lack of religious or philosophical belief is also covered. To a large extent this makes up for the fact that there is no definition of "religion, religious belief, or similar philosophical belief" in the regulations.

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    The most generally important exception is where being of a particular religion or belief is a genuine and determining occupational requirement for a post and it is proportionate to apply the requirement in the particular case.

    There is nothing in the regulations specifically requiring employers to provide time off or facilities at the workplace for religious worship or observance. However, in particular circumstances employers will have to be careful in case their policy with regard to refusing time off for religious observance might amount to unjustified indirect discrimination.

    There are Official explanatory notes to the Employment Equality (Religion or Belief) Regulations 2003 on the DTI website and ACAS has published a useful ACAS guide on "Religion or belief and Workplace - Putting the Employment Equality (Religion or Belief) Regulations 2003 into practice".

    See also notes at Religious discrimination/a general note and/or at Sunday Trading .


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    updated June2009