Religion And Belief in the Equality Act

First, it is useful to provide an introduction to the legal protections for religion and belief.

The Equality Act became law in October 2010. The Act replaces previous equality legislation (such as the Race Relations Act 1976 and the Disability Discrimination Act 1995), bringing together over 116 separate pieces of legislation into one Act to ensure consistency and a single framework for tackling disadvantage and discrimination.

The Act protects people from direct and indirect discrimination, harassment, and victimisation on the basis of nine 'protected characteristics', one of which is ‘Religion or Belief’.

For colleagues managing staff: Note that the Equality Act protects job applicants as well as existing employees, therefore job applicants, individuals who have accepted but not yet started a job, employees on a permanent or temporary contract, and casual/freelance workers (e.g., Unitemps, GTA, and STP) are all protected under the Act.

For colleagues supporting students: Note that the Equality Act applies to all students, as well as prospective students when applying to the institution and, in some circumstances, former students.

What religions are protected by the Equality Act?

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.

What beliefs are protected by the Equality 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.

Are non-religious people protected by the Equality Act?

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Time off and flexibility

Do you need to approve all requests for time off relating to religion and belief? Should you prioritise these requests?

Religion and belief guidance

Dietary requirments and fasting

How can you support staff who are fasting? Can students request extensions/mitigating circumstances due to fasting?

Dietary and fasting requests

Religious dress or symbols

Are there circumstances in which you can ask staff/students to remove religious dress/symbols or to conform to a particular dress code?

Religious dress requests

Opting out

Do you need to automatically approve staff requests to opt out of duties? Can students opt out of aspects of their course?

Opting out requests