Keeping Faith

Brian Palmer is a partner and Will Nash a solicitor in the employment and pensions service at Charles Russell LLP.

This article first appeared in New Law Journal.

Charitable organisations need up-to-date discrimination procedures, say Brian Palmer and William Nash

In Brief

The definitions included in the Employment Equality (Religion or Belief) Regulations are wide and it is not immediately clear what might count as "religion" or "religious belief" and what other types of belief might be covered under the "philosophical" description.

The Department of Trade and Industry has provided explanatory guidance, which states that consideration should be given to a number of factors, such as whether there is collective worship, whether there is a clear belief system and whether there is a profound belief affecting a way of life or view of the world.

Religion means any religion and it should be interpreted broadly. The guidance states that it would include those religions widely recognised in Britain such as Christianity, Hinduism, Buddhism and Sikhism.

The impact of the Employment Equality (Religion or Belief) Regulations 2003 (SI 2003/1660) (the regulations) has been great. They prohibit direct discrimination, indirect discrimination, discrimination by way of victimisation and harassment in the workplace by reason of any religion, religious belief or philosophical belief. Employers of all sizes, including smaller organisations, which often include charities, have been required to review their procedures and practice to prevent and defend discrimination claims.

The definitions included in the regulations are wide and it is not immediately clear from the regulations what might count as "religion" or "religious belief" and what other types of belief might be covered under the "philosophical" description. The Department of Trade and Industry (DTI) has provided explanatory guidance, which states that consideration should be given to a number of factors, such as whether there is collective worship, whether there is a clear belief system and whether there is a profound belief affecting a way of life or view of the world.

It must be noted that religion means any religion and it should be interpreted broadly. The guidance states that it would include those religions widely recognised in Britain such as Christianity, Hinduism, Buddhism and Sikhism. The government has indicated that religious belief in the context of the regulations should be interpreted in line with Art 9 (right to religious freedom) of the European Convention on Human Rights (the Convention) and in Campbell and Cosans v UK (Application 7511/76) (1983) 13 EHRR 441 the European...