Employment law SOS: religious discrimination

Discrimination in the workplace on the grounds of religion or belief – direct, indirect or by virtue of harassment or victimisation – is prohibited under the Equality Act 2010. 'Religion or belief' is very broadly defined in the Act, covering not only the commonly recognised religious beliefs, such as Islam, Christianity and Judaism, but also offering protection to those holding more obscure beliefs, as well as non-believers. All employers should routinely audit their workplace policies and practices for potentially discriminatory impact. Implementing an effective equality and diversity policy, including a harassment policy, and ensuring managers and employees are all properly trained in its operation, will go a long way to reducing exposure to claims of discrimination on the grounds of religion or belief. In addition to seeking flexible break times to allow for prayer, Muslim employees might also request time off work to celebrate specific Islamic festivals. Other requests might include amendment to a uniform policy to allow a female Muslim employee to wear a headscarf, or catering for specific dietary requirements. Advisory bodies such as Acas encourage employers receiving requests for a change in workplace practices on the basis of a particular religion or belief to firstly consider how such a change can be accommodated. Employers should only refuse such a request if there are cogent and compelling reasons to do so, taking into account the impact of the requested change on other employees and the operation of the business. In most cases, employers who think ahead, treat any requests received sensitively and are open to discussion and compromise, manage to deal with religious issues in the workplace without conflict.