Religious discrimination cases warning
By Effective Communication
Businesses in Wales are being urged to check their policies and procedures to make sure they do not add to the growing number of religious discrimination claims. The number of cases reaching the courts under the Employment Equality (Religion or Belief) Regulations 2003 doubled between 2004 and 2007 with 700 cases a year going to court.
The warning comes from leading employment lawyer Bethan Darwin of Darwin Gray Solicitors in Cardiff who says many employers and employees are unaware of the law, the risks and where the boundaries lie.
“It’s a very sensitive area as we’re dealing with people’s firmly held beliefs,” said Bethan Darwin.
“A lot of employers have had to change to comply with laws on other forms of discrimination but many are not aware of the religious discrimination dimension. It’s not necessarily the case that businesses are wilfully discriminating against people with religious views – often they don’t realise they are doing it.
“Many people don’t know much about religions other than their own – if they have one. For example, they may not realise that a Friday, when they may want to go out and celebrate after a successful week or when they may be turning the screw in the workplace to get jobs finished, is also a significant day for Muslims who may have other priorities that day. They may not understand that people of particular faiths feel they should not work on particular religious festival days. And even if they do accept that principle, how many employers actually know when those days are?
“We’ve become accustomed to the trappings of a multicultural society in Britain, but the religious aspects of it, which are often at the heart of a culture, sometimes go unacknowledged.”
A survey published recently by the Chartered Management Institute revealed two-thirds of employers admit to uncertainty about the faith days celebrated by their staff and only one in three organisations have an explicit policy on religion and belief issues.
Another factor contributing towards the increase in cases of religious discrimination is widely held view that religion should not be brought into the workplace. The issue became prominent two years ago a British Airways employee was asked to cover up the crucifix she was wearing outside her uniform as it contravened British Airways’ uniform policy. She refused and the case went to court, where she eventually lost after a long and costly case.
Last year Caroline Petrie, a nurse from Weston-super-Mare, was suspended without pay for asking a patient whether she would like to be prayed for. Mrs Petrie was summoned to a disciplinary hearing on the basis that she had failed to demonstrate a “personal and professional commitment to equality and diversity” by offering prayers.
She was eventually reinstated earlier this year and reassured that she could continue to offer high quality care while remaining committed to her beliefs.
“As this demonstrates, employers should be aware of their exposure to potential claims, and if complaints do arise, they need to be dealt with objectively and sensitively,” said Bethan Darwin.
“The rules relating to religious discrimination have an impact before anyone is actually employed. How jobs are advertised, the entire recruitment process and terms and conditions of employment are all subject to religious discrimination law and once someone is employed, their pay, promotion, transfers and dismissals are all affected too. And many employers don’t realise that they can be liable for the unlawful actions of employees, whether or not they had sanctioned them.
“The repercussions for those who fall foul of the discrimination laws are significant. Just being exposed to discrimination claims can damage an employer’s reputation but if they lose in court they could be hit hard financially – there is no limit on levels of awards against them.”
Some of the common religious discrimination pitfalls and steps employers can take to avoid them include:
Job vacancies: Advertise jobs so that they are accessible to a diverse audience, such as using a wide-interest publication or agency rather than one focused on a niche interest area which could limit the diversity of applicants and may constitute indirect discrimination.
Only essential job requirements should be stated as selection criteria as a needless condition, such as working unnecessarily inflexible hours (which could prevent praying) may be discriminatory. It should be clear what the job involves so that people are aware of any potential conflicts with beliefs from the outset.
The Recruitment Process: Employers should adapt their methods so that anyone suitably qualified can apply and attend interview if invited. Being flexible with interview times to avoid notable religious times eg Friday afternoons, is good practice.
Where the recruitment process includes a social event, employers should be careful not to disadvantage anyone whose religion prohibits alcohol. Holding a gathering in a bar may pose difficulties for those whose religion forbids association with alcohol.
In the workplace: employers should consider allowing times for religious observance and take into account special dietary requirements.
They should reconsider policies which affect an individual’s religion or belief eg if they have policies on wearing jewellery, they should be flexible and reasonable when it has religious significance. Unjustifiable policies may constitute indirect discrimination.
And they should ensure that religion and belief are included in their Equality Policy. Implementing and observing such a policy is a good way for employers to show they have taken reasonable steps to prevent religious discrimination.
Make sure managers know the law. Communicate both new and established policies to all employees through appropriate channels and take steps to check that staff understand them.
Promotion, transfers and training: Opportunities for promotion, transfers and training should be made known to all staff and be available to everyone on a fair and equal basis.
Tags: Bethan Darwin, Cardiff, Darwin Gray Solicitors, religious discrimination
