Religion or beliefs (legislation)

The regulation prohibits:

Direct discrimination - treating a person less favourably on the grounds of religion or belief.

Indirect discrimination - applying a provision, criterion or practice which is applied to everyone but puts people of a particular religion or belief at a disadvantage and is not a proportionate means of achieving a legitimate aim

Harassment - where a person engages in unwanted conduct which has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person.

Victimisation - a particular type of discrimination which arises because someone has done one of a number of acts which are specified under the Regulations.

Implications for the Council

The new Regulations have a potential impact on a variety of policies, practices and procedures for example:

• Recruitment - including advertising, staff guidance and training
• Time off for religious observance
• Time off for religious festivals
• Dress codes
• Bullying and harassment policies

Definition
The Regulations define religion or belief as 'any religion, religious belief or similar philosophical belief'. The explanatory notes say that it does not include any philosophical or political belief unless it is similar to a religious belief. The notes also state that courts and tribunals may consider a number of factors in deciding if something is a religion or belief and gives the examples of:

• Collective worship
• A clear belief system, and
• A profound belief affecting way of life or view of the world

This definition is clearly going to create problems with regard to what exactly it does cover. This has already been the subject of much debate amongst commentators.

The ACAS draft guidance provides a list of the most commonly practised religions and gives guidance on their principal obligations. It lists Baha'i, Buddhism, Christianity, Hinduism, Islam, Janism, Judaism, Rastafarianism, Sikhism and Zoroastrians. Commentators have looked at Human Rights and other case law to try and foresee what other religions or beliefs may be covered under this new legislation. Possibilities include Humanism, the Church of Scientology, Veganism, Atheism  and Druidism. It is, however, impossible to say with any certainty exactly which religions or beliefs might be covered until case law starts to develop.