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Posted on: 16/05/2012 11:05.
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Religion and Belief

Introduction

There are a variety of religions and belief systems in the UK. According to the 42 million responses to the 2001 census, the UK population is split as follows:

• 72% Christian
• 16% No Religion
• Nearly 3% Muslim
• Jews, Buddhists, Hindus, Sikhs and others accounting for less than 1%

The Law

In December 2003, the Employment Equality (Religion or Belief) Regulations were introduced to protect against discrimination in employment and vocational training in England, Scotland and Wales. Similar regulations were also introduced in Northern Ireland. The regulations don not identify or attempt to define particular religious groups, but instead offer a broader definition that covers any religion, religious belief, or similar philosophical belief. You can get more information from the Department for Trade and Industry.

In order to be covered by the regulations, a religion or belief is likely to meet one or more of the following three criteria:

• It involves collective worship
• It offers a clear belief system
• It is a profound belief affecting a way of life or view of the world.

Under the new regulations it is unlawful, on the grounds of religion or belief, to:

• Discrimate directly against anyone (intentionally or unintentionally). An employer must not treat employees or applicants less favourably on the grounds of religion or belief. This also covers discrimination against the religion or belief of a spouse or a partner.
  • Example: At interview it becomes apparent that a job applicant is married to a Rastafarian. Although she has all the skills and competencies required, she is not appointed because her husband is Rastafarian. This is direct discrimation.
• Discriminate indirectly against anyone (intentionally or unintentionally). An employer must not apply selection criteria, policies, conditions of employment or practices taht disadvantage people of a particular religion or belief, unless it can be objectively justified. In this case, justification amounts to the employer showing that there is a legitimate business aim or need, that the practice is necessary, and that no alternative means are available.
  • Example: Jewish man applying to work in a small local delicatessen does not want to handle pork products. However, because there will be times when he is on his own, it is possible that he will be required to do so. In this case, the employer would be justified in arguing that by employing this person there would be a direct affect on the business. However, if the same man applied for a job in a large supermarket, it is reasonable to expect that the supermarket could make the necessary adjustments through work allocation, in order to accommodate the candidate's practices.
• Subject someone to harrassment (eg through unwanted conduct that violates a person's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them.
• Victimise someone because they have made or intend to make a complaint or allegation, or have given/intend to give evidence in relation to a complaint of discrimination on the grounds of religion or belief.
• Discriminate or harrass someone in some circumstances after the working relationship has ended (ie by giving a bad reference).

Exceptions can be made in very limited circumstances if there is a genuine occupational requirement (GOR) for the worker to be of a particular religion or belief in order to do the job or comply with the religious or belief ethos of the organisation. Example: A Jewish organisation is recruiting volunteers for the synagogue community centre. It could be argued that as a GOR, all volunteers are of the same Jewish belief. This is because duties must be carried out in accordance with the spiritual requirements of their religion.

How can Career Development Services help?

Our services are open to any student or graduate of the University of Bradford, and you may be eligible to use us even if you're a graduate of another university - see our advice page for more information. We can arrange for you to speak confidentially to a Career Development Adviser about your own individual circumstances and the best way to positively market yourself to employers, as well as anything else careers-related that you need guidance with.

You can also use our Information Room, to access information on specific occupations and employers, travelling and working abroad, labour market information, volunteering, placements, jobseeking skills - anything 'careers-related' really! We also have a state of the art computer cluster (if you are a graduate you will need to bring photo ID in order for us to make you a password). There will always be a member of staff on hand to help you find the information you want.

In term-time we're open 9-5 Monday to Thursday and 9-4 on Fridays, and we're open 9-4 Monday to Friday during vacations. Our contact details are:

• Telephone: 01274 234991
• Email: careers@bradford.ac.uk
• Textphone: 01274 235560

Top Tips

Prospects.ac.uk have the following 'top tips' from the 'Handling Discrimination' section of their website:

• Be proactive and start researching positive employers now. That way, you will find the job and organisation that is right for you.
• Look for equality and diversity policies and have the confidence to contact human resources departments to discuss your application.
• Make a conscious decision about when to disclose. If you are unsure, visit your careers adviser to discuss the issue. Upon disclosing, be prepared to explain what your needs are and how they might affect your working practices – the ability to offer alternatives and solutions will help.
• Feel empowered and, where appropriate, use your religion or belief system as an effective way to demonstrate your skills and competencies. For example, if you pray four times a day this is evidence of your ability to organise your daily activities and manage your time effectively.
• Be clear on the law and keep yourself up-to-date with developments in this area. There is little case law at present – greater understanding of how the legislation is interpreted and practiced will come with time.

Sources of further information

Websites

ACAS (The Advisory Conciliation and Arbitration Service)
BITC (Business in the Community)
CRE (Commission for Racial Equality)
DTI (Department for Trade and Industry)
Equal Opportunities Commission (EOC)

Publications

Managing the New Legislation on Religion and Belief (Race For Opportunity, 2003), available from: http://www.bitc.org.uk/docs/RFO_Religion.pdf
The Costs and Benefits of Diversity (European Commission – Employment & Social Affairs, 2003), available from http://www.stop-discrimination.info/fileadmin/pdfs/CostsBenefExSumEN.pdf

Acts/Regulations

Employment Equality (Religion or Belief) Regulations 2003

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