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View the related practice notes about Religion or belief discrimination

Direct discrimination

This Practice Note examines direct discrimination under the Equality Act 2010 (EqA 2010).This Practice Note contains references to case law of the Court of Justice of the European Union (CJEU). For guidance on whether judgments of the CJEU are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law.To the extent that it implemented UK obligations under EU law (such as the obligation to implement a Directive such as Directive 2000/78/EC, the Equal Treatment Framework Directive), before 1 January 2024, EqA 2010 was retained EU-derived domestic legislation under the European Union (Withdrawal) Act 2018 (EU(W)A 2018). From 1 January 2024, under the Retained EU Law (Revocation and Reform) Act 2023, EU-derived domestic legislation is ‘assimilated’ into domestic law by virtue of the fact it is generally stripped of EU-derived interpretive effects (eg supremacy of EU law, directly effective rights, and general principles previously retained under EU(W)A 2018). For more information, see Practice Note: Assimilated law.EHRC Code of Practice and guidanceThe EHRC has published a statutory Code of Practice on...

Religion or belief, sex: teachers, school staff and other educational appointments

This Practice Note considers the interaction of provisions of the Equality Act 2010 (EqA 2010) with the provisions of the School Standards and Framework Act 1998 (SSFA 1998), relating to appointment and dismissal of teachers at schools with a religious character, staff at foundation and voluntary schools with a religious character, religious opinions of staff at various secular schools, and employment of teachers at independent schools having a religious character.The Practice Note considers categories of school, the definition of 'religious character', and the operation of the relevant provisions of the SSFA 1998 in relation to teachers and staff at secular schools and teachers and staff at schools with a religious character, including reserved teachers in foundation schools and voluntary controlled schools with a religious character. Finally, it examines exceptions in the EqA 2010 relating to academic posts restricted to a religious order, or women, or priests.The School Standards and Framework Act 1998There are provisions in the SSFA 1998 which considerably predate the EqA 2010 relating to:•appointment and dismissal of teachers...

View the related q&as about Religion or belief discrimination

Where a post is politically restricted under the Local Government and Housing Act 1989, if a candidate who is part of a political party applies, saying they will resign from the political party as a result of receiving a conditional job offer, will this be sufficient? Do candidates linked to political parties have an obligation voluntarily to declare their political interests as part of any application for politically restricted posts? How much is employer expected to clarify that the post is politically restricted? If a conditional offer is withdrawn due to the candidate being part of a political party, what are the consequences?

Where a post is politically restricted under the Local Government and Housing Act 1989, if a candidate who is part of a political party applies, saying they will resign from the political party as a result of receiving a conditional job offer, will this be sufficient? Do candidates linked to political parties have an obligation voluntarily to declare their political interests as part of any application for politically restricted posts? How much is employer expected to clarify that the post is politically restricted? If a conditional offer is withdrawn due to the candidate being part of a political party, what are the consequences? Under section 1(1) of the Local Government and Housing Act 1989 (LGHA 1989), a person is disqualified from becoming (whether by election or otherwise) or remaining a member of a local authority (as defined in LGHA 1989, s 21) if they hold a politically restricted post under that local authority or any other local authority in Great Britain. Note that: • the restrictions apply to those who...

View the related News about Religion or belief discrimination

Saudi Arabian Embassy harassed Catholic worker, judge says

Law360: An Employment Tribunal has ruled that Saudi Arabia's UK embassy harassed a post room clerk over her Catholic beliefs and suggested she convert to Islam.

When does an alleged belief in ethical veganism amount to a protected philosophical belief? (Owen v Willow Tower)

Employment analysis: An employment tribunal (ET) has recently considered whether an alleged belief in ethical veganism was sufficient to amount to a protected belief under the Equality Act 2010 (EqA 2010), and therefore attract protection from discrimination. The claimant worked as bank staff in a care home and raised a grievance following a decision that all staff should be vaccinated against coronavirus (COVID-19). Catherine Shepherd and Kath Sadler-Smith, Knowledge Lawyer Directors at Osborne Clarke examine the case and the challenges it presents for employers.

View the latest UK Parliament Acts documents on Religion or belief discrimination

10 Religion or belief

(1)     Religion means any religion and a reference to religion includes a reference to a lack of religion.(2)     Belief means any religious or philosophical belief and a reference to belief includes a reference to a lack of belief.(3)     In relation to the protected characteristic of religion or belief—(a)     a reference to a person who has a particular protected characteristic is a reference to a person of a particular religion or belief;(b)     a reference to persons who share a protected characteristic is a reference to persons who are of the same religion or belief.

13 Direct discrimination

(1)     A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.(2)     If the protected characteristic is age, A does not discriminate against B if A can show A's treatment of B to be a proportionate means of achieving a legitimate aim.(3)     If the protected characteristic is disability, and B is not a disabled person, A does not discriminate against B only because A treats or would treat disabled persons more favourably than A treats B.(4)     If the protected characteristic