Religious – Belief Discrimination Awareness

Training

Steve Baldwin

Objectives• To introduce you to the Employment Equality

(Religion or Belief ) Regulations 2003:– How it applies to all areas of employment– Who is protected – Who is liable – Direct Discrimination– Indirect Discrimination– Harassment– Victimisation

Healthcare Commission

• The Healthcare Commission (HCC) Standard C7e.

• Expects everyone in the Trust to challenge discrimination, further equality, diversity and human rights and reducing inequalities in healthcare.

Penalties of Non-compliance• Until October 2007, the Equal Opportunities Commission

was responsible for enforcing the Gender Equality Duty. Breaches of the general duty were subject to judicial review. For breaches of specific duties, the EOC had the power to issue compliance notices.

• From October 2007, the new Commission for Equality and Human Rights established by the Equality Act 2006, will take over enforcement and have responsibility for all six strands of discrimination law (race, gender, age, disability, religion and belief and sexual orientation).

What is meant by ‘a good patient experience’?

The Department of Health commissioned research with patients who said:

‘We want an NHS that meets not only our physical needs but our emotional ones too.’ This means:

- getting good treatment in a comfortable, caring and safe environment;

- having information to make choices, to feel confident and to feel in control;

- being talked to and listened to as an equal;

- being treated with honesty, respect and dignity.’

Employment Equality (Religion or Belief) Regulations

• The Employment Equality (Religion or Belief) Regulations came into force on 2nd December 2003.

• Religion or Belief means “any religion, religious belief or similar philosophical belief”.

• In defining what religion or belief means, factors such as collective worship, clear belief system and profound belief affecting way of life or view of the world will be taken into consideration by courts or tribunals.

• The regulations are not intended to protect discrimination on grounds of political opinion.

Who is Protected ?

• Applicants for jobs• Current employees• Self employed workers• Contract workers• People seeking or undertaking training• Protection from discrimination, harassment and

victimisation is provided by the legislation.

Territorial Scope of the Regulation

• Applies to employees or contract worker who does his/her work wholly or partly in the UK.

• Applies to employees or contract worker whose employer has a place of business at an establishment in the UK.

Who is Liable ? • Employers are liable within the following:• Recruitment• Terms and Conditions or Benefits• Dismissal Process• Whether act is done by the employer, its

employees, with or without employers approval, done by agent of employer with express or implied authority of the employer.

Unlawful Discrimination

• The Employment Equality (Religion or Belief) Regulations 2003 prohibits direct and indirect discrimination.

• Prohibits harassment

• Prohibits victimisation

• Prohibits indirect discrimination

Where Discrimination is likely to occur

• Arrangements in determining offer of employment.

• Terms on which employment is offered.• Refusing to offer, or deliberately not offering

employment.• Access to promotion opportunities• Access to training or redeployment• Dismissing employee

Direct Discrimination

• Less favourable treatment on the basis of someone’s religion or beliefs.

• Perception of religion or belief.• Assumptions of religion or belief.• Job applicants or employees must not be treated

less favourably than others because they follow, or do not follow a particular religion or belief.

Indirect Discrimination

• Indirect discrimination occurs when person A applies to person B a provision, criteria or practice that person A applies or would apply equally to persons not of the same religion or belief as B. When applied puts a particular disadvantage when compared with other persons.

Harassment • Regulation 5 defines harassment as being

where, on grounds of religion or belief, a person A engages in unwanted conduct that:

• Violates person B’s dignity, creates hostile, degrading, humiliating or offensive environment.

Victimisation

• An individual is protected from victimisation even if they have brought proceedings against the employer on the grounds of religious discrimination.

Genuine Occupational Requirement

• Regulation 7 contains an exception from unlawful religion or belief discrimination in recruitment, promotion or transfer to a job or dismissal from any job.

• There are 2 types of genuine occupational requirements.– Due to the nature of employment religion or belief is

needed e.g Christian chaplain. – Due to the ethos of the employer

Equality Act 2006

• Under the Equality Act 2006, it is unlawful for someone to discriminate against you because of your religion or belief (or because you have no religion or belief):

• in any aspect of employment • when providing goods, facilities and services • when providing education • in using or disposing of premises, or • when exercising public functions.

Positive Action

• Regulation 25 allows employers to address issues of under representation by advertising vacancies in communities where local population are not represented in the workforce.

• The regulation does not allow an employer to positively discriminate e.g when recruiting or promoting staff.

Accommodating and Respecting Religious Observance

• The religious and belief regulations may have impacts on the following:

• Dress codes

• Access to a quiet place for prayer

• Changing and washing facilities

Action Points

• Reviewing Trust’s Uniform Policy, Bullying and Harassment Policy, Equal Opportunities and Non-Discrimination Policy

• Train all staff and managers so that they are aware of issues that may arise in relation to religion or belief.

Questions and Answers

Thanks for Listening