Religion and politics
Q. Having refused holiday leave for an employee's so-called religious holiday I am concerned about being taken to a tribunal on the grounds of religious discrimination. Is there legislation that prevents religious discrimination?
New legislation makes it illegal to discriminate against people on the grounds of their religion or beliefs. The term 'religion or belief' refers to any religion, religious belief or similar philosophical belief.
This does not include political beliefs, except in Northern Ireland.
The Employment Equality (Religion or Belief) Regulations 2003 outlaw discrimination in employment and vocational training on grounds of religion or belief. The regulations stipulate that it is unlawful to deny someone a job or promotion because of their religious beliefs.
The legislation allows individuals to take action against workplace harassment, and gives them the right to equal access to training and promotion, whatever their religion or belief.
The legislation applies throughout the employment relationship - during the recruitment process, promotion, dismissal and, in certain circumstances, after the employment has finished.
The provisions also apply to terms and conditions, pay, transfers, training and dismissals. There are certain exceptions, such as if the employer has genuine reasons for employing persons of a particular religion or belief. Ensure that you can prove your reasoning.
It is important to allow staff to pursue the practice of their religion.
Review your company's equal-opportunities policy to identify any potential problem between religious belief and policy.
Your firm's terms and conditions should also stipulate that harassment against an employee because of their religious belief will not be tolerated and could lead to dismissal of persons found guilt of such harassment.
Ensure all employees are aware of your policy and implement its terms and conditions.
New employees should be made aware of the rules when commencing employment.
Periodically review your terms and conditions to ensure that they take into account any new legislation.
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