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Religion or belief discrimination meaning

What does Religion or belief discrimination mean?
Unlawful treatment of a person because of their religion, religious or philosophical belief, or lack of religion or belief, arising in employment and in access to services, education, premises and public functions. In Great Britain (England, Wales and Scotland) this is a protected characteristic under the Equality Act 2010, which defines “religion or belief” to include any religion, any religious or philosophical belief, and the lack of such belief. Claims commonly allege direct discrimination, indirect discrimination (a provision, criterion or practice causing group disadvantage without objective justification), harassment, or victimisation. Limited exemptions apply (for example, an occupational requirement or certain roles within organised religion). Case law, including the Grainger criteria, explains what amounts to a protected philosophical belief. In Northern Ireland, the Equality Act 2010 does not apply. Protection is provided principally by the Fair Employment and Treatment (Northern Ireland) Order 1998, which prohibits discrimination on grounds of religious belief (and political opinion), using similar concepts of direct and indirect discrimination, harassment and victimisation. In Ireland, the Employment Equality Acts and Equal Status Acts prohibit discrimination on the ground of religion in employment and in goods and services, education and accommodation. Across these jurisdictions, policies (for example, dress codes, scheduling and leave)...
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View the related News about Religion or belief discrimination

NEWS
UK Public Law update: Brexit/Windsor Framework implementation, new SIs, constitutional scrutiny, subsidy control/State aid, and recent judicial review and equality decisions—week ending 24 October 2024

In this issue: Brexit highlights Post-Brexit transition guidelines Brexit SIs Constitutional and administrative law Subsidy control and State Aid Judicial review Equality and human rights Other Public law news Daily and weekly news alerts Dates for your diary Trackers New and updated content Useful information Brexit highlights EAC sets out recommendations on future of UK-EU data adequacy The House of Lords European Affairs Committee (EAC) has issued a letter to the Secretary of State for Science, Innovation and Technology, Peter Kyle, summarising the principal conclusions and recommendations from its inquiry into UK‑EU data adequacy. It found that the loss of EU data adequacy in June 2025 would bring substantial costs and added administrative burdens for businesses and organisations, create obstacles to international trade and economic co‑operation, and detrimentally affect Northern Ireland under the Belfast/Good Friday Agreement and the Windsor Framework Agreement. The EAC therefore advises that the government engage with...

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NEWS
Ali v Reason & Nott (Central London County Court): ‘fundamental party rights’ constrain EqA 2010 s101 membership discrimination claims in political parties

Ali v (1) Reason (2) Nott CLCC (Claim No J00CL858), 9 February 2024 Background This dispute sits within a wave of employment tribunal litigation by claimants described as holding 'gender critical' beliefs. In essence, proponents contend that biological sex is fixed and separate from gender identity, and that blurring these categories risks harm to women and undermines their rights. Since 2021, such beliefs have been recognised as a protected characteristic under the Equality Act 2010 (EqA 2010). Unlike many gender critical cases, this claim did not proceed under the EqA’s employment provisions; instead, it relied on the distinct rules governing membership associations. Such actions are issued in the county court, rather than the employment tribunal. Accordingly, the county court is the proper venue for disputes of this kind. Crucially, though the EqA 2010’s discrimination provisions bite in this sphere, the harassment provisions do not extend to religion or belief, or to sexual orientation. That limitation impacts claims framed around belief and sexual orientation. Until early 2022, the claimant...

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NEWS
High Court (England and Wales) upholds secular school ban on pupil prayer rituals: Article 9 not engaged, policy proportionate, no indirect discrimination, PSED met; voluntary acceptance of ethos significant

R (TTT) v Michaela Community Schools Trust [2024] EWHC 843 (Admin) What are the practical implications of this case? The ruling concerns a particular school with a secular ethos and an idiosyncratic disciplinary approach—often labelled the ‘strictest school in Britain’—together with a defined policy on prayer rituals that was introduced urgently by the headteacher and subsequently adopted by the governing body. Despite its specific context, the decision provides a valuable examination of the protections afforded by Article 9 of the ECHR, section 19 EqA 2010 and section 149 EqA 2010. It further illustrates how the court interrogates a school’s decision-making processes, including its treatment of relevant facts and legal questions. Understanding the court’s analysis will aid lawyers advising any educational institution, employer or service provider who must grapple with which restrictions may lawfully be placed on a pupil, employee or service-user seeking to practise or manifest their religion or belief on the premises... What was the background? Michaela School was an exceptionally high-achieving mixed secondary. Its...

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View the related Practice Notes about Religion or belief discrimination

PRACTICE NOTES
Sexual orientation discrimination: workplace protections, prohibited conduct, liabilities, defences and remedies under the Equality Act 2010 (England, Wales and Scotland)

This Practice Note outlines the available resources concerning safeguards and liabilities arising from acts or failures to act that constitute sexual orientation discrimination, or other forms of prohibited conduct linked to sexual orientation. The detail here is intentionally limited, as the principal aim is to point subscribers towards comprehensive materials contained in additional Practice Notes that explore each element in depth. Consequently, treat this Practice Note as an entry point for research; full coverage is provided only in the places signposted below. Its role is to point you forward, not to replace the comprehensive Practice Notes that address each strand of the topic at length, and the links below are where complete information is intended to be consulted and used. The characteristics protected The Equality Act 2010 (EqA 2010) affords protection against discrimination and other prohibited conduct connected to particular listed characteristics a person may have. Some protections apply solely to one such characteristic. Others operate uniformly across all of them, which together are described as ‘the protected...

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PRACTICE NOTES
Workplace Dress and Appearance Policies under the Equality Act 2010: Case Law, Discrimination Risks, Religious Dress, PPE and Practical Implementation

An employer may choose to set a dress policy for several reasons, including: presenting a polished, professional look that reflects the organisation’s brand; requiring a uniform; and/or complying with health and safety obligations Employers have considerable freedom in framing a dress policy, but in reality that latitude is tempered by: the need to apply comparable standards to all staff and to base them on a genuine business need, to minimise the risk of successful discrimination claims; and broader employee relations considerations, since the employer will want a policy that is broadly acceptable to most employees This Practice Note examines: relevant statutory and non-statutory guidance on dress codes the discrimination risks and practical considerations that can arise in relation to a dress code specific aspects of attire an employer may wish to include in a dress policy how to implement and enforce a dress code This Practice...

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PRACTICE NOTES
Equality Act 2010 in Schools (Great Britain): protected characteristics, exceptions, PSED, case law and enforcement

This Practice Note explores which provisions of the Equality Act 2010 (EqA 2010) bring into force the prohibitions on discrimination in schools, the various forms of discrimination—sex, race, religion or belief, age, marriage or civil partnership, and disability—and any relevant exceptions that may apply. It further explains that the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017, SI 2017/353, oblige education-function public authorities to publish yearly information showing compliance with the public sector equality duty (PSED) in EqA 2010, s 149... The public sector equality duty Under the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017, SI 2017/353, specific obligations apply to public authorities with education responsibilities. Those bodies must publish material evidencing adherence to the PSED under EqA 2010, s 149, at annual intervals. This must be done every year. See Practice Notes: Specific public sector equality duties—England and Specific public sector equality duties—Wales...

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PRECEDENTS
Workplace Equality, Diversity and Inclusion Policy (Short Form): Protected Characteristics; Discrimination, Harassment and Victimisation; Responsibilities, Training, Complaints and Disciplinary Action

1 Policy statement The Company is committed to advancing equality, diversity and inclusion (EDI). By this we mean: equality: delivering fair treatment and equal opportunity for all employees, workers and job applicants, and eradicating unlawful discrimination; diversity: acknowledging, respecting and valuing the differences in our people’s protected characteristics, backgrounds, skills and experience, and encouraging gender, age and ethnic diversity, alongside diverse physical ability and neurodiversity across our workforce; inclusion: creating a fair, safe workplace for everyone that values difference and enables each person to be themselves, reach their potential and thrive at work. The Company will not unlawfully discriminate against any employee, worker or job applicant on the basis of any protected characteristic recognised by current legislation, namely: age; disability; gender reassignment; marriage or civil partnership status; pregnancy and maternity; race (including colour, nationality and ethnic or national origin); religion or belief; sex; or sexual orientation...

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PRECEDENTS
Recruitment Equality, Diversity and Inclusion Monitoring Form (UK): Confidential Template for Protected Characteristics, Socio‑Economic Background and Caring Responsibilities

Equality, diversity and inclusion policy In line with our [ equality policy ], we are wholly dedicated to ensuring equal opportunity for every employee, worker and applicant, and to removing unlawful and unjust discrimination. We seek to foster a workplace that champions and respects diversity, appointing, recognising and advancing colleagues solely on merit. To evaluate the effectiveness of our [ equality, diversity and inclusion policy ], we track all applications and recruitment activities. The answers you give to the questions below will be used exclusively to review how well our policies and procedures function, and to confirm that we do not, even unintentionally, discriminate against staff or potential staff on the grounds of ethnicity, disability, gender, sexual orientation, age or religion or belief. Any details you provide will be treated as strictly confidential, and will not be available to those directly engaged in the selection process for the vacancy listed. Your response will be separated from your application as soon as it is received...

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PRECEDENTS
Workplace Equality, Diversity and Inclusion Policy: Legal Framework, Procedures and Responsibilities under the Equality Act 2010

1 Policy statement 1.1 The Company is firmly dedicated to advancing equality, diversity and inclusion (EDI), meaning: Equality: delivering equal opportunity and fairness for all employees, workers and job applicants, and eradicating unlawful discrimination; Diversity: acknowledging, appreciating and valuing differences in our people’s protected characteristics, backgrounds, skills and experience, and encouraging gender, age and ethnic diversity, diverse physical ability and neurodiversity across our workforce; Inclusion: cultivating a fair, safe working culture for everyone, which respects our differences and allows each person to be themselves, realise their potential and flourish at work. 1.2 The Company will not unlawfully discriminate against any employee, worker or job applicant on the grounds of any protected characteristic recognised by current legislation, namely: age; disability; gender reassignment; marriage or civil partnership status; pregnancy and maternity; race (including colour, nationality and ethnic or national origin); religion or belief; sex; or sexual orientation...

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View the related UK Parliament Acts about Religion or belief discrimination

UK PARLIAMENT ACTS
10 Religion or belief

(1)     Religion means any religion and a reference to religion includes a reference to a lack of religion.(2)     Belief means any religious or philosophical belief and a reference to belief includes a reference to a lack of belief.(3)     In relation to the protected characteristic of religion or belief—(a)     a reference to a person who has a particular protected characteristic is a reference to a person of a particular religion or belief;(b)     a reference to persons who share a protected characteristic is a reference to persons who are of the same religion or belief.

UK PARLIAMENT ACTS
13 Direct discrimination

(1)     A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.(2)     If the protected characteristic is age, A does not discriminate against B if A can show A's treatment of B to be a proportionate means of achieving a legitimate aim.(3)     If the protected characteristic is disability, and B is not a disabled person, A does not discriminate against B only because A treats or would treat disabled persons more favourably than A treats B.(4)     If the protected characteristic

UK PARLIAMENT ACTS
19 Indirect discrimination

(1)     A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B's.(2)     For the purposes of subsection (1), a provision, criterion or practice is discriminatory in relation to a relevant protected characteristic of B's if—(a)     A applies, or would apply, it to persons with whom B does not share the characteristic,(b)     it puts, or would put, persons with whom B shares the characteristic at a particular disadvantage when compared with persons with whom B does not share