Employment Equality (Religion or Belief) Regulations 2003

The EU Directive (2000/78/EC) of 27 November 2000 (known as the Framework Directive or the Employment Directive) established a general framework for equal treatment in employment and occupation. It provides for equal treatment in employment on grounds of religion or belief, sexual orientation, disability and age. Directives must be transposed into national law, and the UK complied with this requirement by making the Employment Equality (Religion or Belief) Regulations 2003 (SI 2003/1660), which came into force in Scotland, England and Wales in December 2003 (Northern Ireland having prohibited religious discrimination since 1989).

The Regulations make it unlawful to discriminate on grounds of religion or belief in employment and vocational training. They prohibit direct discrimination, indirect discrimination, victimisation and harassment.

Religion or belief is defined in Regulation 2 as meaning any religion, religious belief or similar philosophical belief.

Direct discrimination occurs where a person is treated less favourably than another on grounds of religion or belief. Indirect discrimination occurs where a provision, criterion or practice, which is applied generally, puts persons of a particular religion or belief at a disadvantage and cannot be shown to be a proportionate means of achieving a legitimate aim. Victimisation occurs where a person receives less favourable treatment than others by reason of the fact that he has brought (or given evidence in) proceedings, made an allegation or otherwise done anything under or by reference to the Regulations. Harassment occurs where a person is subjected to unwanted conduct on grounds of religion or belief with the purpose or effect of violating his dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for him.

Not all differences of treatment on grounds of religion or belief are unlawful. There are exceptions for differences of treatment related to national security and positive action, and for the protection of Sikhs in connection with requirements as to the wearing of safety helmets. Regulation 7 provides an exception where being of a particular religion or belief is a genuine and determining occupational requirement for a post if it is proportionate to apply the requirement in the particular case. Regulation 7 also provides an exception for employers with an ethos based on religion or belief where being of a particular religion or belief is a genuine occupational requirement for a post and it is proportionate to apply the requirement in the particular case.

The Regulations provide remedies for individuals, including compensation, by way of proceedings in employment tribunals and in the county or sheriff courts. There are special provisions about the burden of proof in those cases in regulations 29 and 32, which transfer the burden to a respondent to a case once a complainant has established facts from which a court or tribunal could conclude, in the absence of an adequate explanation, that an act of discrimination or harassment has been committed by the respondent.

For further information on equality regulations, visit the Department for Trade and Industry (DTI) website for information on equality regulations.