The concept of religion and belief is another protected characteristic by The Equality Act 2010, which means there is a legal protection when people are faced with discrimination in the workplace due to these characteristics. However, it might be confusing knowing what you have to do as an employee or an employer when it comes to protecting religious diversity in the workplace. After all, typically, religion is a personal concept that often doesn’t have relevance in the workplace, so what is discrimination and what is simple professionalism? We explore in this guide.
Importance of religious diversity
Any business can benefit from diversity in its team, including religious diversity. Having different people of different backgrounds will bring different perspectives to a problem, which will lead to more creative solutions and better outcomes.
Additionally, if you can put forward that you are an accepting employer by embracing people of different backgrounds, you can attract better talent from the job market, which can only benefit your business in the long run.
Moves like this will allow you to create a reputation as an employer of choice for talent, and any customer facing reputation will be glowing as a businesses that accepts everyone and isn’t discriminatory.
Legal framework
However, it’s important to understand what is protected under “religion and belief”. Notably, people with religion and people with no religion are protected under The Equality Act 2010, ensuring that everyone is treated equally.
Religion and belief are different in that beliefs have to meet a certain criteria to be protected under the Equality Act. For one thing they have to be genuinely held and be a belief rather than an opinion or viewpoint based on current information. It must concern a substantial part of human life, be a certain level of serious and important, and finally, not conflict with others’ fundamental rights. As you might imagine, there’s a lot of room for interpretation there.
Additionally, on top of the religious aspect of the Equality Act covering any religion, any religious or philosophical believe, and a lack of either, the criteria for philosophical beliefs is broader than you might first assume. For example, it covers various non-traditional beliefs such as ethical veganism (but interestingly not vegetarianism), climate change, and Scottish independence.
Balancing religious needs with business requirements
So, what is the role of the employer when it comes to this protected right? Well, unlike race or maternity this characteristic is more vague and has a lot more grey area, as it’s a characteristic often with few external indicators.
Assessing what constitutes “undue hardship” for the employer versus what the business needs will be a balancing act. For instance, two similar cases, Eweida v British Airways (2013) and Chaplin v Royal Devon Exeter NHS Foundation Trust (2010), demonstrate the different business needs affecting a similar case of discrimination for wearing a visible cross necklace at work. The Royal Devon & Exeter NHS Foundation Trust won their case, citing health and safety concerns (namely a patient grabbing it and causing Chaplin injury), whereas British Airways was told by the European Court of Human Rights that they were violating Ms Eweida’s right to manifest her religious belief.
Put together some strategies for finding mutually beneficial solutions, and make sure they stress the importance of open dialogue between employers and employees.
Some common religious accommodations include:
– Flexible scheduling for religious observances
– Dress code modifications
– Dietary accommodations
– Prayer spaces or break times
Creating an inclusive workplace culture
All of these accommodations will contribute to a more inclusive workplace culture and further religious diversity, but there are other steps you can take to ensure all employees are treated fairly. Continuous training on religious diversity and sensitivity should help ensure that everyone’s beliefs are respected, and it should encourage respectful communication between employees.
As a manager, you should develop clear policies and a formal procedure for accommodation requests. Make sure to consistently review and update these policies as needed and consult with religious leaders or experts when necessary.
However, some conflicts can arise, such as the concerns of non-religious employees, managing situations where religious beliefs may conflict with job duties, and resolving disputes between employees of different faiths. In these instances, you might want a mediator in place. Take a look at our employee rights services to settle conflicts quickly.
