The Act states that “Religion means any religion”, but it does not include a list of religions which are covered in this protected characteristic or a specific definition of what constitutes a religion. Courts have interpreted this to include any religion which is sufficiently serious and has a clear structure and belief system.

A religion need not be well known to be protected by the Act, and denominations within religions are likely to be recognised as religions under the Act.

The ‘religion or belief’ protected characteristic includes philosophical beliefs so long as they:

• Are genuinely held.
• Are a belief (a conviction that something is true, correct, or real) and not just an opinion/viewpoint based on information currently available.
• Relate to a weighty and substantial aspect of human life or behaviour.
• Attain a certain level of cogency, seriousness, cohesion, and importance.
• Are worthy of respect in a democratic society, not incompatible with human dignity and don’t conflict with people’s fundamental rights.

The Act says that the ‘religion or belief’ protected characteristic includes “a lack of religion” and “a lack of belief”. This means people who do not have a religion or belief are protected, and that people who do have a religion are protected from discrimination for not having another religion.

You are not required to automatically approve all requests, if there is a good reason not to, such as a pressing business need. But you must give proper consideration to any requests – not doing so could amount to discrimination under the Equality Act. You should approve it wherever possible, as any other leave request.

For colleagues managing staff: You can treat these requests in the same way you would any other request for annual leave or flexible working – give them proper consideration and approve wherever possible. If it is not possible to approve a request for legitimate reasons you should discuss the situation with the individual to see if there are some adjustments that can be made. For example, enabling staff to work from home, allowing a temporary change to working hours, adjusting times when breaks are taken or allowing a longer break to suit prayer needs.

For colleagues supporting students: All timetabling arrangements for students with time off needs relating to religion or belief are made individually by departments, as required. Students should not be registered as having an unauthorised absence from lecturers/seminars if their absence is due to religious commitments and this has been discussed and agreed beforehand.

A staff member or student with a religion or belief should not automatically be given priority over others. The Equality Act protects both those who do and do not have a religion or belief – this means prioritising these requests for time off or flexibility over others could amount to discrimination against people with no religion or belief.

You should consider all request for time off or flexibility thoroughly, reviewing the situation for each case.

Departments are encouraged to take a pragmatic approach to specific extension requests from both undergraduate and postgraduate students who may require an extension for reasons of religious observance. Students can also be advised that for eligible assessments, they can apply for an extension of 5 working days, without the need for evidence, via the self-certification policy.

Students are expected to attend examinations; presenting for an exam is taken to imply fitness to undertake the examination. If a student is unable to sit an exam on a particular day or at a particular time due to a religious commitment, you should advise them to complete a Religious Observance Form and return it to the Examinations team as soon as possible. The deadline for submission of this form will be during the Spring Term (for the academic year 2022/23, the deadline is Friday 3 February 2023). The University will make every reasonable effort to avoid times/dates identified in the form. However, due to timetabling constraints this may not always be possible. In these instances, colleagues in the academic department should discuss the situation with the student to see if any alternative arrangements can be made, such as deferral of an examination period.

Reasonable religion, faith, or belief-based exam or assignment extension requests or flexibility should be considered for both centrally and departmentally scheduled deadlines.

Please note that this is guidance only, please see the University’s policies for full details on mitigating circumstances and exam deferral.

You are not required to automatically approve all requests, if there is a good reason not to, such as if doing so would be impractical or unreasonably costly. But you must give proper consideration to any requests – not doing so could amount to discrimination under the Equality Act. You should try to cater for all dietary requirements, if you do refuse a request you would need to be able to objectively justify this decision.

You can find information online about how allergens and dietary requirements are managed by Warwick Food and Drink, the University’s in-house catering team.

There are some things you can think about in supporting staff and students who are fasting:

• Be understanding: Staff and students who are fasting, especially over a longer period, may be lethargic, irritable, and/or have reduced productivity (especially towards the end of the day). Colleagues supporting staff and students should be understanding and sympathetic to this, for example, allowing staff or students to have a period of rest when tired. Criticising the staff member’s or student’s productivity or performance while they are fasting could be discriminatory.
• Try to schedule meetings/more challenging work earlier in the day: As above, staff and students who are fasting are likely to become more tired or less productive as the day goes on, so consider their energy levels when arranging meetings or more challenging tasks, it can be easier for staff and students to focus on more routine tasks later in the day. Avoid arranging evening meetings or events where possible.
• Be flexible: If staff or students request time off or some changes to their working hours, pattern, or location, consider these thoroughly (see the section on time off above for more); for example, if staff request to start work earlier, finish earlier, or take shorter lunch breaks (bearing in mind staff’s right to an uninterrupted 20 minute rest break during their working day if they work more than 6 hours).

If a staff or student approaches you as they feel that fasting may affect their work or academic performance, discuss the situation with them to consider if there are adjustments that can be made.

Departments are encouraged to take a pragmatic approach to specific extension requests from both undergraduate and postgraduate students who may require an extension for reasons of religious observance. Students can also be advised that for eligible assessments, they can apply for an extension of 5 working days, without the need for evidence, via the self-certification policy.

Students are expected to attend examinations; presenting for an exam is taken to imply fitness to undertake the examination. If a student feels that observance of a fast will have a significant adverse health effect on their examination performance, they should submit mitigating circumstances or consider requesting a deferral of examinations in advance of the examination period.

Reasonable religion, faith, or belief-based exam or assignment extension requests or flexibility should be considered for both centrally and departmentally scheduled deadlines.

Please note that this is guidance only, please see the University’s policies for full details on mitigating circumstances and exam deferral.

When you consider whether or not a staff member’s or student’s request can be approved the impact on other staff or students is a relevant factor in that assessment e.g., would it put too much work on other staff if colleagues are required to cover a fasting staff members work if they leave early? However, the fact that others think a request is unfair does not in itself constitute a reason to refuse the request. You should consider the request thoroughly and approve it where possible and reasonable.

If you approve requests, it may help to explain to colleagues or other students why the request is being approved e.g., telling team members that a staff member will be leaving work early during a period of fasting, but this is temporary, and they will be making up the hours at other times. You should discuss this with the individual making the request first to check what they are comfortable with being shared.

Where dress requirements relate to the practical necessities of a staff member’s job or a particular activity – such as health and safety requirements in settings like laboratories – you can be justified in asking a staff member or student to remove or to wear particular items (such as protective clothing). But you must give proper consideration to any requests and be clear why a religious symbol or dress poses a risk to health and safety; for example, if a symbol worn on a chain could become entangled in machinery. And, any instance in which a staff member is requested to remove a particular item should be handled with respect and dignity.

If it is not possible to approve a request for legitimate reasons, you should discuss the situation with the individual to see if there are some adjustments that can be made. For example, providing disposable coverings (e.g., sleeves) which would allow staff/students to dress modestly whilst also not compromising infection control, allowing staff/students to wear a facial covering but asking them to temporarily remove it (this should be done out of the public view and, where practical, only in the sight of someone of the same gender) to confirm their identity as needed (e.g., before an exam), being specific about the circumstances in which an item must be removed (e.g., when using particular equipment) and allowing it to be worn the rest of the time.

As far as possible, you should show flexibility to support people to practice their faith in this way.

You are not required to automatically approve all requests, if there is a good reason not to. But you must give proper consideration to any requests – not doing so could amount to discrimination under the Equality Act. You should approve it wherever possible, as any request for flexibility or adjustments.

You should not approve a request if it relates to opting out of working with staff, students, or visitors because of their religion or belief or another protected characteristic*. All employees have a legal responsibility to provide goods, facilities, or services in the same way to all, regardless of any protected characteristics – not doing so would amount to direct discrimination.

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* The Equality Act covers 9 protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

The University’s Regulation 36 governs students’ registration, attendance, and progress. The following is an extract from the Regulation:

“1. Students are expected to engage fully with their course of study, take responsibility for their own learning and co-operate with their department and wider University as members of the University community. Students must comply with the requirements for their course as set out by the department.

2. Students are expected to inform departments of any health problems, changes in circumstances or other difficulties that may affect their progress. If a student fails to inform the department, these circumstances cannot be taken into account.”