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    BASIC POSITION

    CAUTION: go to notes on Equality Act 2010/changes made by the Act for changes to discrimination law in effect from 1st October 2010. The unique emplaw EA 2010 cross-reference tool will locate new statutory references for you.

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    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.

    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 and/or Racial discrimination/religious discrimination .


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    updated June2009
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