Religious Discrimination Solicitors - Employment Compensation

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The Employment Equality (Religion or Belief) Regulations 2003 protects employees from religious discrimination in the workplace. “Religion” is defined as “as any religion, religious belief or similar philosophical belief.” No precise religion or philosophy of belief is mentioned in the statute. Non-believers are also protected in their philosophy or absence of belief. The Birmingham Employment Tribunal will hear a solicitors case against management if an employee believes that unfair treatment or harassment is directed at them because of perceived notions about their religion or a familiarity with members of a distinct sect or religion.

Religious Discrimination Categories

There are four central sections of discrimination based on religion:

  • Harassment comprises threatening, reprehensible or other insulting speech or behaviour targeted toward a worker regarding their religion.
  • Direct discrimination involves an individual worker’s mistreatment based on their religious philosophies.
  • Indirect discrimination involves directives or policies that undermine or bring damage to a specific group of workers or employees because of their beliefs.
  • Religious victimisation involves an employer discriminating against or harassing an employee due to a possible claim in the Birmingham Employment Tribunal or discriminating against or harassing an employee if that employee offers assistance to another in a discrimination case based on religion.

Blanket Protection

The Employment Equality (Religion or Belief) Regulations 2003 protects workers in all steps of the employment process including recruiting, during employment, deciding who gets training and when considering benefits, bonuses, promotions, transfers, and dismissals. Employers and managers also cannot deny a qualified and competent individual a reference based on their religious belief or perceived religion.

Positive Discrimination

On rare occasions exceptions are made to the rules in order to support a “genuine occupational requirement” which occurs if an individual “must be of a particular religion or hold certain religious beliefs in order to perform the job or abide by the religious ethos of the business or organisation.”

Legal Advice

Our employment law solicitors deal with compensation claims heard by the Birmingham Employment Tribunal by using the risk free no win no fee scheme. You do not have to pay anything upfront and in the unlikely event that you do not receive compensation, you will not be charged any legal costs. If you would like legal advice without further obligation from an experienced employment solicitor just call the helpline or complete the contact form or email our offices.

SOLICITORS HELPLINE 0345 515 0362