Implementing the Law on Religion, Faith and BeliefA practical guide

Contents

Page

Introduction 2

1. Legal Framework 2

2. Valuing Religious Diversity 7

3. Data Collection & Monitoring 8

4. Assessing Policies & Functions 9

5. Action Planning 10

6. Religion, Faith & Belief and Employment 11

7. Burials and Cremation Practices 12

8. Some major world religions and belief systems 12

9. Appendix 1 - Frequently asked questions 22Appendix 2 - Recent U.K. case law covering 31

Faith, religion & belief

Introduction

We live in a society with an ever widening and diverse mix of religions and beliefs, which organisations need to, take into account when developing both services to the public and employment policies. Even within established religions there are various branches and regional and sectional variants with different traditions of interpretation, rituals and practices, moral guidelines and laws. There are also levels of personal compliance ranging from nominal to strict observance. Additionally, many people hold strong views about not having personal religious belief.

It is critically important to raise awareness amongst council staff of the need to take religion or belief into account when dealing with service users and colleagues, and this guidance document should aid all employees in understanding the importance of religious identity or belief and in appreciating how this has the potential to interact with and impact on delivery of services. There is a need to be very aware of religious stereotyping and to be mindful that there can be individual differences within groups. Finally this guide is aimed at understanding and respecting that difference and ensuring that that in our employment and service delivery practices that difference does not translate into disadvantage for anyone.

1. Legal Framework

1.1 Legal protection on religious grounds in the UKOver recent years in the UK, levels of awareness of different religions and beliefs have grown – and, in the main, equitable treatment of individuals and inter-faith relations have improved. But, in spite of this, discrimination on the grounds of religion or belief, religious intolerance and prejudice still exist in certain areas.

Until December 2003, legal protection against discrimination on grounds of religion or belief was confined to those from particular faiths who were covered by virtue of their ethnicity, as in the case of Sikhism and Judaism. A certain degree of protection was afforded to other religious and nonreligious communities by Article 9 of the European Convention on Human Rights, as given effect by the Human Rights Act 1998, but this was very limited.

1.2 Human rights and religion or belief

According to Article 9 (Freedom of thought, conscience and religion) of the European Convention on Human Rights (ECHR) as given effect by the Human Rights Act 1998, a person is free to hold a broad range of views, beliefs and

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thoughts, and to follow a religious faith. The right to manifest one’s religion or beliefs may be limited in specified circumstances.

Article 9 falls within the group of ECHR rights known as ‘qualified rights’. These are rights that require a balance between the rights of the individual and the needs of the wider community or state interest.

Interference with Article 9 is allowed if there is a clear legal basis for the interference with the qualified right, i.e. if the interference has a legitimate aim as necessary in a democratic society. This means that the action or interference must be in response to “a pressing social need” and must be no greater than that necessary to address the social need. Thus the principle of proportionality applies such that any interference must be proportionate to the aim being pursued. Legitimate aims may be in aid of:

public safety the protection of public order, health or morals the protection of the rights and freedom of others.

For example, possible areas for challenge could include: abortion advice access to religious leaders as part of the care of terminally ill or dying

patients anesthesia and Jehovah’s Witnesses blood transfusion circumcision contraception advice cutting hair examination of members of the opposite sex facilities for worship or culturally appropriate food female genital mutilation

It should be noted that recent case law makes it quite clear that one person’s human rights cannot be used to supplant those of another.

1.3 The European Council Directive of 2000 establishing a general framework for equal treatment in employment and occupation came into force in the UK in December 2003 through the Employment Equality (Religion or Belief) Regulations. These regulations make it unlawful to discriminate against people on the grounds of their religion or belief. The regulations apply to vocational training and all aspects of employment including recruitment, terms and conditions, promotions, transfers, dismissals and training.

Since 2003, two more pieces of legislation have been introduced, as outlined below:

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1.4 Part 2 of the Equality Act 2006 (Discrimination on the Grounds of Religion or Belief) came into force on 30 April 2007. The Act defines ‘religion’ as “any religion”, and ‘belief’ as “any religion or religious or philosophical belief” as opposed to “any religion, religious belief or similar philosophical belief” as defined in the original Act. Reference to ‘religion’ or ‘belief’ in this context also refers to lack of religion or lack of belief.

Part 2 also makes it unlawful to discriminate in the area of goods, facilities and services on the grounds of religion or belief. The exercise of any public function by a public authority must be free from discrimination on grounds of religion or belief. This includes the provision of goods, facilities and services by a person exercising a public function.

1.5 The Racial and Religious Hatred Act 2006 - came into force on 1 October 2007 as an amendment to the Public Order Act 1986. It gives protection to people against hatred because of their religious beliefs or lack of religious beliefs, and prohibits the stirring up of hatred against persons on racial or religious grounds. Whilst the legislation aims to protect people against discrimination on the grounds of their religion or belief (or lack of religion or belief), it should be remembered that, conversely, the law does not entitle people to apply such beliefs in a way which impinges upon other people – even if they claim that their religion or belief requires them to act in this way. The legislation is not intended to hinder people in the expression of their own religion or belief, but everyone has the right to be treated with respect whatever their views or beliefs and nobody should try to harass others because they do not agree with certain religious convictions.

1.6 Definition of Religion and belief in lawReligion or belief is defined as being any religion, religious belief or similar philosophical belief. This does not include any philosophical or political belief unless it is similar to religious belief. It will be for employment tribunals and courts to decide whether particular circumstances are covered by the regulations.

A number of factors apply when deciding what is a 'religion or belief'. For example collective worship, a clear belief system or a profound belief affecting a way of life or view of the world. The definition is deliberately not precise and some interesting cases should eventually clarify what does and does not count as a religion or similar belief. Vegans may or may not be covered. Political beliefs are expressly excluded. A theoretical dilemma could be presented by black magic which involves collective worship, a clear belief system, a profound belief affecting a way of life or view of the world. There is no guidance as to whether this constitutes a belief system which was intended to be similar to a religious belief.

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We should be aware that the regulations on religion or belief extend beyond the more well known religions and faiths to include beliefs such as Paganism, Humanism, Atheism, Shamanism, Scientology etc. The regulations also cover those without religious or similar beliefs. With the exception of atheism, most religions have in common the teaching of a particular way of life in relation to power(s) or being(s) that are taken to remain outside the laws of nature – even where they exist within nature, as some religions hold. ‘Way of life’ includes the teaching of what is considered the right attitude towards life and human relationships. Often such attitudes are expressed in rites, social and cultural customs and liturgical traditions, which can therefore play an important role in the life of the individual believer.

1.7 What the Law Covers

The forms of discrimination that are unlawful under the regulations are:

Direct discrimination: treating workers or job applicants less favourably than others because they follow, or are perceived to follow, a particular religion or belief. The regulations also extend to cover discrimination based on a person’s association with someone of a particular religion or belief.

Indirect discrimination: applying policies or practices that – although applied to all employees – could disadvantage people of a particular religion or belief. These policies or practices are unlawful unless the organisation can justify implementing them because of a legitimate business need.

Harassment: behaviour that is offensive, frightening or in any way distressing related to a person’s religion or belief. It also includes comments or behaviour aimed at the religion or belief of those with whom the person associates. Harassment can include violation of a person’s dignity, or creating an intimidating, hostile, degrading or offensive environment. It can also include preventing someone from declaring their religion or their lack of belief in religion.

Victimisation: treating someone less favorably because they have made or intend to make a complaint or allegation, or have given or intend to give evidence in relation to a complaint of discrimination on the grounds of religion or belief. Instructing or causing discrimination: instructing or otherwise causing another person to discriminate in a way that is unlawful.

1.8 Genuine Occupational Requirements (GOR) – GuidanceThe regulations allow an employer, when recruiting for a post, to treat jobapplicants differently on the grounds of religion or belief, if possessing aparticular religion or belief is a genuine and determining (i.e. decisive)occupational requirement (“GOR”) for that post. You should bear inmind the following points:

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GORs should be identified at the beginning of the recruitment, trainingor promotion process, before the vacancy is advertised.Advertisements and material sent to potential applicants should clearlyshow that the employer considers that a GOR applies and the pointshould be reiterated during the selection process.Reminder: Applicants who do not agree that there is a GOR for the postholder are at liberty to make a claim to an Employment Tribunal becausethey believe they have been prevented from applying for the post on thegrounds of religion or belief. It would be for the employer to show thatsuch a GOR is justified.

If an employer wishes to claim a GORs/he must consider what the

duties are, for which an exemption is to be claimed; a GOR cannot beclaimed unless some or all of those duties, or the totality of the role,are covered by a specific exemption and an assessment has beenmade showing that it would be unreasonable to require otheremployees of the appropriate religion or belief to undertake thoseduties. Also it must be shown that those duties must be carried out toachieve the objectives of the job.

In an organisation a GOR exemption cannot be claimed in relation toparticular duties if the employer already has sufficient employees whoare capable of carrying out the required duties and whom it wouldbe reasonable to employ on those duties without undueinconvenience.APPENDIX 1 35

Where the organisation has a religious ethos, a GOR exemptioncannot be claimed if the nature of the role and the context withinwhich it is carried out is not of sufficient profile or impact within theorganisation to affect the overall ethos of the organisation.

Each job for which a GOR may apply must be considered individually;it should not be assumed that because a GOR exists for one job italso exists for jobs of a similar nature or in a similar location. Thenature or extent of the relevant duties may be different or, for instance,there may be other employees who could undertake those duties.

A GOR can be claimed where it is necessary for the relevant duties tobe carried out by someone of a specific religion or belief becausebeing of that religion or belief is an essential requirement for the job,for example in the Islamic faith a halal butcher must be Muslim.

A GOR must be reassessed on each occasion a post becomes vacantto ensure that it can still be validly claimed. Circumstances may havechanged, rendering the GOR inapplicable.

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A GOR cannot be used to establish or maintain a balance or quota ofemployees of a particular religion or belief.

GORs are always open to challenge by an individual. The burden of proof lies with the employer to establish the validity of a GOR by providing evidence to substantiate a claim.

Only an Employment Tribunal or a higher court can give anauthoritative ruling as to whether or not a GOR is valid.

The following legislation remains extant:• School Standards and Framework Act 1998• The Amendments to the School Standards and Framework Act 2003• The Education (Scotland) Act 1980.

2. Valuing religious diversity

A diverse workforce with staff from a range of religions or beliefs should be highly valued for the personal knowledge, expertise and sensitivity they can bring to the planning and delivery of services to our multi-cultural and multi-faith society. Staff who are respected and recognised for the contribution they make will be highly motivated, conscientious and more likely to stay within the organisation. An organisation that has robust and transparent equality policies, with appropriate grievance and disciplinary procedures for those who breach the policies, will be more likely to retain a confident workforce who is secure in the knowledge that they will not suffer discrimination without challenge or redress. All staff should be made aware of these policies, and of the consequences of not following them, as soon as possible after they start work. The message should be reinforced throughout the working life cycle, for example at yearly appraisals and on training days/seminars. All staff should be made aware of what constitutes harassment and of the penalties, i.e. that they could be held personally liable and may have to pay compensation in addition to anything the organisation may have to pay if the issue goes to tribunal or other legal action.

All staff should also be made aware of the procedures to be followed if they feel that they have been discriminated against, harassed or victimised. They should feel confident that their complaint will be dealt with in confidence, treated seriously and, importantly, acted upon.

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Monitoring and Recordkeeping Gathering information on staff

3. Data collection and Monitoring

The Council had for many years monitored the three strands of race, disability and gender. More recently three other strands have been added i.e. age, religion /faith and sexual orientation. Monitoring relies on a system of self classification and currently the monitoring categories used to monitor religion and belief include: Buddhist, Christian, Hindu, Jewish, Muslim, Sikh and Other

Data based on the 1991 census indicated the following distribution of religious minorities in Luton when compared to the national picture at that time.

Religion Luton % National %

Christian 59.6% 71.7%

Muslim 14.6% 3.0%

Hindu 2.7% 1.1%

Sikh 0.8% 0.6%

Jewish 0.3% 0.5%

Buddhist 0.2% 0.3%

Other 0.3% 0.3%

No religion 14.1% 14.8%

Religion not stated 7.2% 7.7%

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2001 – Census and 2006 Estimates of Population by Ethnicity in Luton

Detailed Ethnic Group 2001 Census(pop= 184,371)

2006 Estimates(pop= 186,800)

White: British 65.0% 60.3%White: Irish 4.6% 3.7%Other: White 2.3% 2.9%Mixed: White and Black Caribbean 1.3% 1.3%Mixed: White and Black African 0.2% 0.3%Mixed: White and Asian 0.6% 0.7%Other Mixed 0.5% 0.6%Asian or Asian British: Indian 4.1% 4.3%Asian or Asian British: Pakistani 9.2% 10.1%Asian or Asian British: Bangladeshi 4.1% 4.4%Other Asian 0.8% 0.9%Black or Black British: Caribbean 4.2% 4.2%Black or Black British: African 1.7% 3.6%Other Black 0.4% 0.5%Chinese 0.6% 1.6%Other Ethnic Group 0.3% 0.7%Source: 2001 Census © Crown Copyright, 2006 mid year Populations, ONS, © Crown Copyright.

In terms of Luton’s local population as can be seen from the table above population projections for 2006 were already showing significant reductions to the ‘white British ‘and ‘White Irish’ categories with corresponding increases, particularly in the Pakistani, Bangladeshi and African numbers. Three years on, the considered view of the Luton Research and Intelligence Team is that even the 2006 estimates are likely to prove a gross underestimate especially if East European migrant numbers are included. Hence the true numbers of BME communities settled in Luton is expected to significantly surpass current estimates. The next census is due to take place in 2011.

4. Assessing policies and functions

There is no legislative requirement at present for organisations to conduct equality impact assessments specifically on their policies and practices in relation to religion or belief. However, it is agreed best practice to equality impact assess on the grounds of religion or belief, and it makes sound business

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sense to incorporate this into a broader equality impact assessment which includes all the equality strands as part of a single equality scheme approach.

Not to do so may result in a failure to identify the need to incorporate specific actions relating to religion or belief when introducing changes in processes and/or clinical practice or procedures, which could have unexpected negative impacts on planned outcomes and take-up elsewhere in the organisation. Such impact could for example include some staff being unable to attend development weekends, some women feeling unable to use or access a particular service that is predominantly staffed by men, or even Islamic men not taking up services provided on Friday afternoons. Gathering information, consulting and assessing the results as described can give a good indication of how policies are affecting and are likely to affect the main beneficiaries for whom their different religions or beliefs may be significant. Therefore, when developing new policies it is important to consider how to include religion or belief (where it is practical to do so) in existing equality impact assessment procedures used for the other equality strands.

5. Action planning

Issues regarding religion or belief that need to be addressed can be integrated into existing action plans for single equality schemes. Objectives, outcomes and timescales should be clearly indicated to make it easier to track progress. Worksheets 1 and 2 in Section Five contain an action planning framework and a sample action plan. Monitoring actions:Although there is no legislative requirement as yet to monitor on the basis of religion or belief, it is considered good practice for the Council when monitoring existing equality scheme action plans to also monitor for impact on religion or belief. Existing auditing processes, such as disciplinary and grievance management policies for staff can be used to monitor key religion or belief issues in the workforce. Similarly, mechanisms set up for monitoring actions on race, disability and gender can also be used or modified for religion or belief.

It is good practice for all departments to collect information on the make-up of staff from different religions or beliefs. This enables the organisation to monitor and equality impact assess policies to make sure that they are working, and to ensure that recruitment and training policies are reflecting the make-up of the local community and the workforce. Analysis of harassment and disciplinary and grievance records can identify whether staff from a particular religion or belief are being affected disproportionately, and can measure usage of the procedures. The information can also be used to monitor whether there are disproportionate numbers of staff from specific religions or beliefs leaving the organization; if so, steps can be taken to understand why, ensuring that where this is due to discriminatory practices or barriers the necessary steps are taken to remedy the

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situation. Information on the religion or belief of staff can also help managers and team leaders to plan for when staff may need time off for major religious festivals or other religious purposes.

As with all equality monitoring, staff should be made aware of why the information is required and how it will be used. Staff should also be assured of confidentiality and anonymity, and told that they are not obliged to give such information if they do not wish to do so. Explaining that the information will be used to benefit those from different religions or beliefs may help to reassure staff and encourage them to participate. Staff surveys and network groups can also provide vital information as to whether there are issues in respect of religion or belief that need to be addressed. The Data Protection Act 1998 covers information gathered on religion or belief. Details can be found at www.ico.gov.uk/what_we_cover/data_ protection.aspx

Employment issues and service delivery issues go hand in hand, because they impact on each other. A workforce that is respected and valued will in turn be more likely to show respect and understanding in the provision of services to the public. The Council could not operate without the dedication, knowledge and skills of its workforce and 70% of our financial resources are invested in areas such as salaries, recruitment, workplace development, training and retention.

6. Religion, Faith, Belief and Employment

Employment policies can often impact on religious and other beliefs and practices, and therefore policies should be reviewed to take account of this. Flexibilities around time allowed and facilities provided for prayers and ablutions are also important, as are religious observances such as observance of the Sabbath in Judaism, and sensitivity and understanding during fasting. It is, of course, also important to ensure that these flexibilities are not at the expense or disadvantage of those with different or no religious beliefs. Prior communication and discussion is vital to continued good relations.

Other issues include an awareness of different religions or beliefs when arranging meetings – for instance, not meeting in a place where alcohol is served, or not holding Friday-afternoon events or Saturday away days, which persons from certain religious communities may not be able to attend. In the same way, dietary considerations should be taken into account when arranging catering, and attendees should always be asked for their requirements or preferences.

The issues relating to various stages in recruitment of staff, dress codes, time off for religious festivals, prayer facilities sexual orientation, family bereavement,

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dietary needs ,fasting are covered in detail in the councils Recruitment and Compassionate Leave policies and you are advised to refer to these and other HR policies for more detailed information.Further guidance may also be sought from the council’s Equalities Unit based at the Town Hall.

At the same time, the views or religious or non-religious convictions of service users should not be allowed to adversely affect staff carrying out their duties. An example of this would be a user refusing to be assisted by someone from a different religious persuasion, or by a lesbian, gay, bisexual or trans-person.

7. Burials and Cremation practicesLuton borough council provides a facility for cremations and burials to take place at weekends at extra charge. This arrangement was the result of demands particularly from the Muslim community who have strict time requirements in terms of burial.

8. Some major world religions and belief systems (This is meant to be an illustrative and not an exhaustive list)

N.B In general, while practices may vary within specific branches of each religion, the following is broadly adhered to by the main world religions listed below. The council each year produces a religious festivals and local events calendar which can be downloaded from the council’s website (www.lbc.gov.uk)

8.1 Baha’i Faith

Baha’is should say one of three obligatory prayers during the day. Prayersneed to be recited in a quiet place where the Baha’i will wish to face theQiblih (the Shrine of Baha’u’llah, near Akka, Israel), which is in a south easterly direction from the UK. Two of the prayers require movement and prostrations.Baha’is are required to wash their hands and face before prayers but canuse a normal washroom facility for this purpose.Festivals: Baha’i festivals take place from sunset to sunset and followersmay wish to leave work early in order to be home for sunset on the day prior to the festival date. Baha’is will wish to refrain from working on the

Key Festival dates.The Baha’i Fast 2 March – 20 MarchBaha’is refrain from eating or drinking from sunrise to sunset during this period. Baha’is working evening or night shifts will appreciate the opportunity to prepare food at sundown. There areexemptions from fasting for sickness, pregnancy, travelling and strenuous physical work.Naw-Ruz (Baha’i New Year) 21 March

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Ridvan 21 April – 2 MayRidvan is the most important of the Baha’i festivals and includes three holy days on whichBaha’is would wish to refrain from working. They are:1st Day of Ridvan 21 April9th Day of Ridvan 29 April12th Day of Ridvan 2 MayDeclaration of the Bab 23 MayAscension of the Baha’u’llah 29 MayMartyrdom of the Bab 9 JulyBirth of the Bab 20 OctoberBirth of Baha’u’llah 12 NovemberFood: As a matter of principal most Baha’is do not take alcohol. Otherwisethere are no dietary restrictions.APPENDIX 2 39Bereavement: Burial should take place as soon as possible after legalformalities and funeral arrangements can be put in hand. The body should betransported no more than one hour’s journey from the place where theperson died, so funerals take place relatively close to the place of death. The usual arrangements for compassionate leave should generally suffice. Baha’is have no specific period of mourning.

8.2 BuddhismFestivals: There are a number of different traditions in Buddhism arising fromdifferent cultural and ethnic backgrounds. Different traditions will celebratedifferent festivals. Some Buddhist traditions do not celebrate any festivals.Buddhist members of staff should be asked which festivals are important to them.Festivals follow the lunar calendar and will therefore not take place on thesame day each year.Saindran Memorial Day -JanuaryParinirvana -FebruaryMagha Puja Day -February/MarchHonen Memorial Day -MarchBuddha Day (Vesak or Visakah Puja) -MayThe Ploughing Festival -MayBuddhist New Year Varies according to traditionAsalha Puja Day (Dhamma Day) -JulyUlambana (Ancestor Day) -JulyAbhidhamma Day- OctoberKathina Day -OctoberThe Elephant Festival- NovemberLoy Krathorg- DecemberBodhi Day- DecemberUposatha weekly on the lunar quarter dayAvalokitesvara’s Birthday40 EMPLOYMENT EQUALITY LEGISLATION 2003 (RELIGION OR BELIEF)

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Food: Most Buddhists are vegetarian reflecting their adherence to theprecept of non-harm to self and others. Many would not want to prepare orserve meat for others. Buddhists upholding the precept to avoid intoxicationmay not wish to drink alcohol, or serve it.Clothing: Many Buddhists would prefer to wear clothing which reflects their adherence to non-harm principals –e.g. not wearing leather clothing and leather shoes.

8.3 ChristianityThere are a wide variety of Christian Churches and organisations all of which have their own specific needs, rituals and observations.Festivals:Christmas Day 25 DecemberAsh Wednesday Feb/March(date set by lunar calendar)This is a day of fasting/abstinence for many Christians.Maundy Thursday March/April(date set by lunar calendar)Good Friday March/April(date set by lunar calendar)Easter Sunday March/April(date set by lunar calendar)All Saints Day 1 NovemberChristmas Eve 24 DecemberIn addition there are a number of ‘holy days of obligation’ when Christians may wish to attend a church service and request a late start to the working day, or early finish in order that they can attend their local church. Many practicing Christians will wish to attend their Church on Sundays throughout the year.Food: Some Christians avoid alcohol.Clothing: Some Christian churches forbid the use of cosmetics and requiretheir female members to dress particularly modestly.Bereavement: No special requirements beyond normal compassionate leave.A41

8.4 HinduismFestivals: Hinduism is a diverse religion and not all Hindus will celebrate thesame festivals.Makar Sakranti 14 JanuaryMaha Shiva Ratri FebruaryHoli MarchRamnavami AprilRakshabandham AugustJanmashtami AugustGanesh Chaturthi August/SeptemberNavaratri September/OctoberDushera (aka Vijayadashmi) September/OctoberKarava Chauth October

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Diwali Late October/Early NovemberNew Year Late October/Early NovemberThere are a number of occasions through the year when some Hindus fast.Clothing: Hindu women will often wear a bindi which is a red spot worn onthe forehead and denotes that she is married. In addition, manymarried Hindu women wear a necklace (mangal sutra) which is placed around their necks during the marriage ceremony and is in addition to a wedding ring. Decorative bindis in different colours are also sometimes worn by A few Orthodox Hindu men wear a small tuft of hair (shikha) similar to a ponytail but this is often hidden beneath the remaining hair. Some Orthodox Hindu men also wear a clay marking on their foreheads known as a tilak.Food: Most Hindus are vegetarian and will not eat meat, fish or eggs. Noneeat beef.Bereavement: Following cremation, close relatives of the deceased willobserve a 13 day mourning period during which they will wish to remain athome. The closest male relatives may take the ashes of the deceased to theGanges, in India. They may therefore request extended leave from work. Close male relatives of the deceased may shave their heads as a mark of respect.42 EMPLOYMENT EQUALITY LEGISLATION 2003 (RELIGION OR BELIEF)8.5 Islam Observant Muslims are required to pray five times a day. Each prayer timetakes about 15 minutes and can take place anywhere clean and quiet.Prayer times are:At dawn (Fajr)At mid-day (Zuhr) in winter sometime between 1200 – 1300hrs and inSummer between 1300 – 1600hrsLate Afternoon (Asr) in winter 1430 – 1530hrsAfter Sunset (Maghrib)Late Evening (Isha)Friday mid-day prayers are particularly important to Muslims and may take a little longer than other prayer times. Friday prayers must be said incongregation and may require Muslims to travel to the nearest mosque orprayer gathering.Before prayers, observant Muslims undertake a ritual act of purification. This involves the use of running water to wash hands, face, mouth, nose, arms up to the elbows and feet up to the ankles, although often the washing ofthe feet will be performed symbolically.Festivals: The dates of festivals are reliant on a sighting of the new moonand will therefore vary from year to year. Whilst approximate dates will beknown well in advance, it is not always possible to give a definitive date untilmuch nearer to the time.Ramadan, which takes place in the ninth month of the Muslim lunar calendar,is a particularly significant time for Muslims. Fasting is required between dawnand sunset. Most Muslims will attend work in the normal way but in the winterthey may wish to break fast with other Muslims at sunset. This could be seenas a delayed lunch break. For those working evening or night shifts, the

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opportunity to heat food at sunset and/or sunrise will be appreciated.Eid Al-Fitr – three days to mark the end of Ramadan – most Muslims will onlyseek annual leave for the first of the three days.Eid al-Adha takes place two months and 10 days after Eid Al-Fitr and is athree-day festival. Again, most Muslims will usually only seek leave for thefirst of the three days.All Muslims are required to make a pilgrimage to Mecca once in their lifetime.Muslims may therefore seek one extended leave period in which to makesuch a pilgrimage.Clothing: Muslims are required to cover the body. Men may therefore beunwilling to wear shorts. Women may wish to cover their whole body, excepttheir face, hands and feet.Food: Muslims are forbidden to eat any food which is derived from the pig,this includes lard which may be present in bread or even ice cream. Inaddition they are forbidden to eat any food which is derived from acarnivorous animal. Meat that may be consumed must be slaughtered by theHalal method. Islam also forbids the consumption of alcohol which includesits presence in dishes such as risotto or fruit salad.Bereavement: Burial must take place as soon as possible following deathand may therefore occur at short notice.Other:1. Any form of gambling is forbidden under Islam.2. Observant Muslims are required to wash following use of the toilet andwill therefore appreciate access to water in the toilet cubicle, oftenMuslims will carry a small container of water into the cubicle for thispurpose. By agreement with other staff and cleaners, these containerscould be kept in the cubicle.3. Physical contact between the sexes is discouraged and some Muslimsmay politely refuse to shake hands with the opposite sex. This shouldnot be viewed negatively.Circumcision: In some religions (including Judaism and Islam) and for some non-religious individuals, it has been a tradition to circumcise male infants shortly after birth (usually at seven days old). In recent years, however, views have changed, and some Jewish and Muslim parents prefer to carry out the traditional ceremonies without the actual circumcision taking place. It should therefore be remembered that there could sometimes be different views on the same subject.

8.6 JainismJains are required to worship three times daily, before dawn, at sunset and atnight. Jains working evening or night shifts may wish to take time out toworship or take their meals before sunset.Festivals: Jain festivals are spiritual in nature.Oli April and OctoberEight days semi-fasting twice a year when some take one bland, tasteless meal during day time.44 EMPLOYMENT EQUALITY LEGISLATION 2003 (RELIGION OR BELIEF)

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Mahavira Jayanti AprilBirth anniversary of Lord MahaviraParyusan August/SeptemberDuring this sacred period of fasting and forgiveness for eight days Jains fast, observe spiritualrituals, meditate and live a pious life taking only boiled water during day time.Samvatsari SeptemberThe last day of Paryushan when Jains ask for forgiveness and forgive one another.Diwali October/NovemberDeath anniversary of Lord Mahavira, includes a two-day fast and listening to the last message ofMahavira.Food: Jains practice avoidance of harm to all life – self and others. They are,therefore, strict vegetarians including the avoidance of eggs; some may takemilk products. Many also avoid root vegetables. Jains do not eat betweensunset and sunrise. Jains do not drink alcohol.Bereavement: Cremation will take place as soon as practical after death(usually three to five days). There is no specified mourning period and normalcompassionate leave arrangements will suffice.

8.7 Judaism (Jews)Observant Jews are required to refrain from work on the Sabbath andFestivals, except where life is at risk. This includes travelling (except on foot),writing, carrying, switching on and off electricity, using a telephone andtransactions of a commercial nature (that is buying and selling). Consideration should also be given to the signing of consent/agreement forms. For instance, an orthodox Jewish person would not wish to sign forms on a Sabbath or major festival.The Sabbath and all other Festivals begin one hour before dusk and so practicing Jews need to be home by then. Sabbath begins one hour before dusk on Friday.

Festivals:Passover March/April 2 sets of 2 daysPentecost (Shavuoth) May/June 2 daysNew Year Sept/Oct 2 daysDay of Atonement Sept/Oct 1 day fastingTabernacles (Sukkot) Sept/Oct 2 sets of 2 days APPENDIX 2 45Clothing: Orthodox Jewish men keep their head covered at all times.Orthodox Jewish women will wish to dress modestly and may not want towear trousers, short skirts or short sleeves; some may wish to keep theirheads covered by a scarf or beret.Food: Jews are required to eat only kosher food (which has been treatedand prepared in a particular manner).

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Jews believe death in this life will eventually lead to resurrection in a world to come. Funeral practicesThe dead are buried as soon as possible. The body is washed to purify it, dressed in a plain linen shroud. The casket, a plain wooden coffin, remains closed after the body is dressed. The body is watched over from time of death till burial, as a sign of respect. The kaddish, a prayer in honor of the dead, is said. Funerals must take place as soon as possible following thedeath – the same day where possible – and therefore take place at shortnotice. Following a death, the immediate family must stay at home andmourn for seven days (Shiva).

Mourning ritualsThere is an intense seven-day mourning period, called shiva, following the burial. Mourners traditionally rent their garments as a symbol of grief. Today, people often wear a black ribbon instead of tearing their clothes. Mourners also cover mirrors, sit on low stools, and avoid wearing leather. The full mourning period lasts a year, after which mourners observe the dead's yahrzeit, or yearly anniversary of the death.

Lutheran Church

There are similarities between the Roman Catholic Church and the Lutheranchurch.  Martin Luther, the protestant reformer who founded the Lutherandenomination, broke from the Roman Catholic Church, but kept the parts ofthe faith that were scriptural (based on the Bible).  Later reformers didnot do this, which is why there are more similarities than with otherdenominations.

Both Catholicism and the Lutheran church practice infant baptism and communion as sacraments.  Roman Catholics also include 3 more that Lutherans reject. The latter also reject purgatory, praying to the saints, and praying to Mary as unscriptural.Services are very similar in that they are both liturgical.   Lutheranism is based on scripture alone.  Roman Catholism is based onscripture + Papal decrees + Church history.Lutheran churches are governed locally, not from a big church hierarchy.

Death and Burial Pastors conduct funeral and burial rites. The Evangelical Lutheran Church in Canada has no formally approved

teaching document regarding funeral practices, although the Lutheran Book of Worship provides guidance in this matter in the form of liturgical texts, directions and “Notes on the Liturgy,” found in the Minister’s Edition. The notes also guide the conduct of the service and the committal, whether the body is to be buried in the ground, entombed above ground,

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commended to the sea, cremated, or used for medical research or organ donation. The church regards all of these methods of disposition of the body as acceptable for the Christian.

The casket is always closed for the liturgy, whether it is celebrated in church or in some other setting. The cremated ashes, with suitable adaptations, can be treated the same way when they are present for the liturgy. The gravesite of the deceased is viewed as a sacred spot for the family to visit and tend.

MormonismThe 14 articles of faith of Mormonism include the following main beliefs:

God is a man who lives on another planet Jesus was born as a result of a physical union and not as result of virgin

birth Mormons must convert others to their faith-even the dead can be baptized

by proxy Mormons must not read anything critical of the church - they regard such

views as satanic

Beliefs about deathMormons believe that at death, the spirit and the body separate. People go to judgment by God. Death is something to mourn but is also a time of hope because it is seen as a step into the next life and eternal life with GodFuneral services are usually held in a chapel or mortuary. Burial is preferred to cremation because internment in the earth symbolizes the return of dust to dust.PaganBeliefs about deathPagans believe that physical death is not the end of life. The dead become unborn, and enter into a state where they may find temporary rest, after which healing and renewing energy for rebirth into a new life occur.

Funeral practicesBelievers in the pagan goddess traditions wash the dead body with a mixture consisting of spring water, a few drops of ocean water (or water from another special place), scented oil, and the herb rosemary for purity and protection. While washing, a special blessing is usually said. Then, the body is smudged (or censed) with appropriate incense for the cleansing. Finally, the body is wrapped or dress in simple cloth or clothing.

Mourning ritualsPagans hold funerals and memorial services, during which, special prayers are said to help guide the dead to healing in their afterlife journey to rebirth. Rituals include offerings to nature and the ancestors, invoking spirits, music, chanting, sharing stories and more.

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PresbyterianismBelief about deathPresbyterian Christians believe that whether the reward of heaven or the punishment of hell, the consequences of life have a bearing on where you end up after death, and they begin immediately after death.

Funeral practices Most funerals take place two to four days after the death. Most services are held in the church sanctuary. Funeral practices vary from person to person. No one form of interment is either encouraged or discouraged among worshippers. Mourning ritualsWorshippers are encouraged to provide the "ministry of presence" to those who have experienced a loss. Whether one calls, writes or visits the bereaved, the act of being present for them is enough.

8.8 RastafarianismFestivals:Birthday of Haile Selassie I 23 JulyEthiopian New Year 11 SeptemberAnniversary of the Crowning ofHaile Selassie I 2 NovemberChristmas 25 DecemberFood: Vegetarian including the avoidance of eggs. Many Rastafarians eatonly organic food as close to its raw state as possible.Clothing: Hair is worn uncut and plaited into ‘dreadlocks’. It is often coveredby a hat which is usually red, green and gold.Other: Whilst the faith supports the smoking of ganga (marijuana) thispractice remains unlawful in the UK, and is unaffected by the EmploymentEquality (Religion or Belief) Regulations 2003.Bereavement: No specific requirements beyond that of normalcompassionate leave.APPENDIX 2 478.9 SikhismFestivals:Birthday of Guru Gobind Singh 5 JanuaryVaisakhi 14 AprilMartyrdom of Guru Arjan Dev 16 JuneSri Guru Granth Sahib Day 1 SeptemberDivali (Diwali) October/November(date set by lunar calendar)Martyrdom of Guru Tegh Bahadur 24 NovemberBirthday of Guru Nanak NovemberFood: Sikhs do not eat Halal meat. Some do not eat beef and many arevegetarian.Clothes: Practising male Sikhs observe the 5 Ks of the faith. These are:Kesh Uncut hair. Observant Sikhs do not remove or cut any hair

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from their body. Sikh men and some women will wear aturban.Kangha Wooden comb usually worn in the hair.Kara Metal bracelet worn on the wristKachhahera Knee length underpantsKirpan Short sword worn under the clothing so that it is not visible.Bereavement: Sikhs are cremated and have a preference for this to takeplace as soon after the death as possible. There is no specified mourningperiod and normal compassionate leave arrangements will suffice.48 EMPLOYMENT EQUALITY LEGISLATION 2003 (RELIGION OR BELIEF)8.10 Zoroastrians (Parsi)Orthodox Zoroastrians are required to pray five times during the day, saying a special prayer for each part of the day. Thus:Hawab (sunrise to midday)Rapithwin (midday to mid-afternoon)Uzerin (mid-afternoon to sunset)Aiwisruthrem (sunset to midnight)Ushahin (midnight to dawn)Prayers should be said in front of a fire – or a symbolic replica of fire.In addition, a ritual is performed each time a Zorostrain washes his/her handsalthough the ritual is not always strictly performed in all its detail. When it isperformed, the individual will stand on the same spot and must speak to noone during the ritual. No special facilities are required.A prayer will also be said before eating.Festivals: Dates follow the lunar calendar and will therefore vary from year toyear.Khordad Sal – The Prophet’s BirthdayFravardigan – Remembrance of departed soulsTiragan – Water FestivalMehergan – Harvest FestivalAve roj nu Parab – Water FestivalAdar roj nu Parab – Fire FestivalJashn-e-Sadeh – Mid Winter FestivalZardosht no Disco – Death of the ProphetMaktad – Festival of All SoulsNo Ruz – New YearAPPENDIX 2 49In addition there are six seasonal festivalsMaidyoizaremaya - Mid SpringMaidyoishema - Mid SummerPaitishahya - Early AutumnAyathrima - Mid AutumnMaidhyairya - Mid WinterHamaspathmaedaya- Pre Spring

Clothes: Zoroastrians, both male and female, wear two pieces of sacred

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clothing. The Sudreh (shirt) and the Kusti (cord) which is a string whichpasses loosely around the waist three times and is tied in a double knot atthe back.It is the Kusti which is ritualistically retied each time the hands are washed.Bereavement: Following the death of a close family member there is amourning period of 10 days followed by a ceremony to mark the first month, the sixth month and the twelfth month of bereavement.nPark, Bury St Edmunds,

8.11 Other Ancient ReligionsThese include religions covered by the Council of British Druid Orders andexamples are Druidry, Paganism and Wicca.There are also other ancient religions such as Astaru, Odinism andShamanism.Festivals: Some examples of FestivalsCandlemas 2 FebruarySpring Equinox * 21/22 MarchBeltaine 30 AprilSummer Solstice * 21/22 JuneLughnasadh 2 AugustAutumn Equinox * 21/22 SeptemberSamhain 31 OctoberWinter Solstice * 21/22 December*Dates are moveable due to astronomical times set in accordance with GMT.Food: Generally vegetarian or vegan, although not always.46 EMPLOYMENT EQUALITY LEGISLATION 2003 (RELIGION OR BELIEF)Clothing: Some items of jewellery as associated with Pagan faiths such asankh, pentagram, hammer and crystal.Bereavement: No specific requirements other than of possible requests for normal compassionate leave in the case of employees

9. APPENDIX 1 -

Some frequently asked questions

1. Are employers required to monitor their employees’ religions and beliefs?

There is no requirement to collect data on religion or belief. However, employers may wish to consider adding religion or belief to the categories by which they carry out monitoring. In addition to the normal benefits of monitoring, gathering information on the religion or belief of employees can help employers understand their employees' needs and help business planning, e.g. by being able to anticipate when employees may wish to take time off for religious festivals. If employers decide that they do wish to monitor by religion or belief, they should inform their employees and job applicants of the reasons for the monitoring, and advise them that they are under no obligation to provide the information and that,

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if they do, the information will be kept confidential and be used for only the purposes described.

2. How are employees protected from dismissal under the Employment Equality (Religion or Belief) Regulations 2003?

Under the Employment Equality (Religion or Belief) Regulations 2003 a dismissal can constitute less favourable treatment for the purposes of direct religion or belief discrimination and victimisation if it is on grounds of religion or belief. It can also give rise to indirect religion or belief discrimination if the employer applies a provision, criterion or practice that results in the dismissal of someone of a particular religion or belief and the employer cannot show the application of the provision, criterion or practice to be a proportionate means of achieving a legitimate aim.

3. Are Sikhs working on construction sites required to wear safety helmets?

The Employment Act 1989 creates an exemption for Sikhs from the requirement to wear a safety helmet on a construction site. This exemption applies only to the followers of the Sikh religion and not to any other religious group. It also applies only to construction sites and not to any other workplace where a safety helmet may be required.

4. Are employers obliged to let Sikh employees wear a kirpan under their clothing while at work?

A kirpan is a small replica sword worn around the waist under the clothes. It represents one of the five articles of faith that devout Sikhs must always wear, and which distinguish them as Sikhs. It is regarded as a ceremonial item, not a weapon of aggression, and symbolises readiness to fight oppression.

In implementing a dress code, it may be indirectly discriminatory on the grounds of religion or belief for employers to prohibit the carrying of weapons, blades or sharp objects, as this would clearly puts Sikhs at a disadvantage in that it would prevent them observing their particular religious requirements. Wherever possible, where an employee's religion requires him or her to observe a particular dress code, such as the wearing of a kirpan, this should be respected by the employer. However, this must be balanced against health and safety and security considerations, and a prohibition on kirpans may well be shown to be a proportionate and reasonable means of achieving a legitimate aim. If employers prohibit the wearing of kirpans at work, they must be able to justify the prohibition as a proportionate response on the grounds of health and safety, security or some other legitimate business aim. Unjustifiable policies and rules are likely to constitute indirect religious discrimination.

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As far as the criminal law is concerned, the Criminal Justice Act 1988 makes it an offence for a person in a public place to have a bladed or sharply pointed article - other than a small folding pocket knife - without good reason. The onus is on the knife carrier to show that he or she has a good reason for carrying it. However, the Act exempts Sikhs wearing kirpans from criminal prosecution on the grounds that the kirpan is a religious article.

5. Can employers require all employees to wear a uniform?

Employers can require all employees to wear a uniform, but some flexibility is needed to avoid unlawful discrimination. Whether it is necessary for all employees to wear a uniform should be considered. It may be necessary only for those employees who are in contact with customers, clients or members of the public, or for those employees who represent the employer externally or promote its image or branding. Alternatively, there may be health and safety reasons for wearing a uniform.

Employers should adopt a dress code that outlines the standards of dress required, and states any requirement to wear a uniform. The needs of certain groups of employees must be considered. For example, some women are required by their religion to cover their legs or heads. A pregnant employee may be unable to wear the uniform in the later stages of her pregnancy. The uniform should be modified or waived in these circumstances.

6. Are companies required to provide a prayer room for staff?

Employers are not specifically required to provide a prayer room. However, if a quiet place is available, and allowing its use for prayer would not cause problems for other workers or for the business, the employer should agree to it being used for the purposes of religious observance. Where an employee's religion requires observance of particular prayer times during the working day, this should be respected wherever possible, otherwise there is a risk that the employee may claim that he or she has been discriminated against on the grounds of religion or belief.

Willingness to accommodate the religious needs of employees is likely to be in the employer's interests, as it will help maintain the loyalty and goodwill of the workforce. If the employer has no room that can be allocated for use as a permanent prayer room, it should discuss with employees how else their request might reasonably be accommodated. For example, it might be possible to use a meeting room or some other private space as a temporary prayer room at specified times of the day.

7. Is an employer liable for offensive and/or potentially discriminatory material or comments posted on its intranet bulletin board?

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Potentially yes. Employers are under a duty to provide a safe working environment that is free from bullying, harassment and discrimination. Inappropriate wording posted on intranet bulletin boards by employees for their colleagues to read may amount to bullying or harassment. Where the comments contain an element of discrimination on the grounds of sex, race, age, disability, sexual orientation or religion or belief, the employer may become vicariously liable for those acts of unlawful discrimination or harassment, even if the posts were made without its authorisation or knowledge.

One of the best means of defence against such liability is the "reasonable steps" defence, which requires the employer to show that it took such steps as were reasonably practicable to prevent employees from committing the discriminatory acts in question. The steps must have been taken before the discriminatory acts occurred. A suitably worded computer-use policy and/or equal opportunities and dignity at work policy that is properly communicated and implemented in the workplace can provide significant protection from the risk of successful unlawful discrimination or harassment claims. However, simply having a policy in place will not be sufficient to rely on the statutory defence. Employment tribunals will look to see what positive steps the employer has taken to promulgate and implement the policy and to provide employees with appropriate training.

Even where no element of unlawful discrimination exists as regards the offensive material posted, an employee could claim constructive unfair dismissal if the employer fails to address the problem and the employee resigns as a result. There is an implied term in every contract of employment that the employer will provide a working environment that is reasonably suitable for the performance by an employee of his or her contractual duties. Allowing hostile or offensive intranet bulletin board posts to go unchecked may breach this implied term.

8. In what circumstances could an employer’s requirements and conditions of the job lead to claims of discrimination?

Inappropriate criteria or conditions can, in certain circumstances, constitute indirect discrimination under the Sex Discrimination Act 1975, the Race Relations Act 1976, the Employment Equality (Sexual Orientation) Regulations 2003, the Employment Equality (Religion or Belief) Regulations 2003 or the Employment Equality (Age) Regulations 2006. This applies if an employer stipulates a requirement that excludes or discourages a considerably larger number of women than men (or vice versa), people from a specific racial or religious group, people of a particular sexual orientation or people in certain age groups. Unnecessary or marginal criteria might also be in breach of the Disability Discrimination Act 1995, section 3A or 4A.

9. In specifying the requirements for a job, what steps can an employer take to ensure that it is not liable to claims of indirect discrimination?

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An employer must ensure that the requirements specified for candidates' qualifications, experience, skills, etc are carefully matched to the needs of the job. If a particular criterion or condition could potentially have a disproportionate adverse impact on people from a particular group, the employer should check whether it is genuinely necessary for the effective performance of the job.

10. How can an employer ensure that its application forms are not discriminatory?The employer should make sure that an application form requests only information that is relevant to the performance of the job, for example details of the applicant's education and qualifications, work experience and skills. Any personal details that are required for the processing of the application should be contained on a tear-off portion of the form that can be removed from the main part of the application form (for example by an HR officer), before the application is passed to the relevant line manager to assess.

11. How can an employer ensure that line managers draw up a shortlist for a position without unlawfully discriminating against applicants?By comparing each application with the employee specification to establish whether, on paper, the person has the type of background that is necessary or desirable for the job, the manager will minimise the risk of bias on grounds of gender, race or age (or any other irrelevant factor). Personal information such as the applicant's name, sex, marital or civil partnership status, sexual orientation, nationality, country of birth, religion and age should not form part of the process.

12. Do we have to do anything new or different as a result of the legislation?

We should ensure that religion and belief are included in theirEquality Policy. It is a good idea to revisit the Equality Policy from timeto time to ensure it has not become outdated, to test any newemployment policies and procedures for discrimination and to ensurethe policy itself meets current legislation requirements.Staff need to be made aware (through training, notice boards,circulars, contracts of employment, etc) that it is not onlyunacceptable to discriminate, harass or victimise someone on thegrounds of religion or belief, it is also unlawful. Organisations shouldalso make it clear that they will not tolerate such behaviour. Staffshould know what to do if they believe they have been discriminatedagainst or harassed, or if they believe someone else is beingdiscriminated against or harassed, and this should be included in thegrievance procedure. All strands of equality are included in the Council’s grievance and disciplinary procedures.26MU EMPLOYMENT EQUALITY LEGISLATION 2003 (RELIGION OR BELIEF)13. Must organisations have an Equality Policy?

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Whilst organisations do not have to have an Equality Policy,implementing and observing such a policy is an established meansof demonstrating that an employer has taken reasonably practicablesteps to prevent employees discriminating against or harassing otheremployees. The policy should set out minimum standards of behaviourexpected of all staff through recruitment and onwards and what staffcan expect of the organisation. It acts as a reminder, gives staffconfidence that they will be treated with dignity and respect, and maybe used as an integral part of a grievance or disciplinary process ifnecessary.If organisations do not have an Equality Policy and would like help inputting in place an effective policy Acas can help.

14. Do the Regulations cover all religions and beliefs?It is unlawful to discriminate against a person on the grounds ofreligion, religious belief, perceived religion or religious belief, or similarphilosophical belief. Political beliefs are specifically excluded fromthese Regulations. It is as unlawful to discriminate against a person for not holding a specific religion or belief as it is to discriminate against someone foractually holding to or subscribing to a particular religion or belief.

15. Do these Regulations cover all workers?A The Regulations apply to all workers, including office holders, police,barristers, partners in a business and members of the armed forces.They also cover related areas such as membership of tradeorganisations, the award of qualifications, the services of careersguidance organisations, employment agencies and vocational trainingproviders, including further and higher education institutions.The Regulations cover anyone who applies to an organisation forwork, or who already works for an organisation whether they aredirectly employed or work under some other kind of contract or are anagency worker. Organisations are also responsible for the behaviour of TLY D their staff towards an individual working for someone else but on theirpremises, for example someone from another organisation repairing apiece of equipment.Workers are sometimes harassed by third parties, such as customersor clients. Where possible, organisations should protect their staff fromsuch harassment and should take steps to deal with actual orpotential situations of this kind. This will enhance the organisation’sreputation as a good employer and make the organisation awelcoming and safe place to work. Many organisations provide visitors and visiting workers with guidance on Health and Safety matters. It may be appropriate to include some comments in any policy your organisation has on harassment. QUESTIONS 27

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16. Do organisations have to ask about someone’s religion or belief at interview?

No. Interviews are about finding out whether someone has the rightskills for the job. Personal questions about an individual’s beliefsshould not be asked unless they are relevant to the duties of the job inquestion. It is good practice not to ask any personal questions atinterview unless it is to make sure that appropriate adjustments aremade for anyone with a disability.Organisations do not have to employ people whose beliefs mean theyare unable to undertake essential parts of the job. It should be madeclear to candidates what type of work the organisation does and whatduties the job involves so they can consider whether there is anychance it might conflict with their religion or beliefs.Example: An individual applying for a job in a large supermarket stackingshelves may not be willing to handle pork products for religious reasons.Such products probably represent only a small proportion of the goodsdisplayed on the shelves. It may not be reasonable to reject such jobapplicants if it is practicable to allocate work in a way that does notinvolve handling pork products.However, it may not be practical for the store to adjust the work of a checkout operative in order that they are not required to handle pork products.Example: A waiter who is a Sikh may not be prepared to serve meatwhich has not been slaughtered in a manner he or she considers to behumane. In this case, redistribution of the work may not be possible ifthe restaurant serves such meat and it may be reasonable to reject thejob application on the grounds of religion or belief.If an organisation changes the type of work it does they should givecareful consideration to the effect it may have on their staff for reasonsof religion or belief. Early consultation with staff and/or their tradeunion will usually result in a mutually acceptable arrangement.

17. Do organisations have to collect data on religion or belief?

The Regulations do not require the collection of such data but it mayhelp organisations to provide appropriate facilities for their staff and tounderstand employees’ needs (e.g. when they might seek annualleave). It is important that managers talk to people and/or their tradesunions to ensure an understanding of individual needs and to avoidmaking assumptions about them. Not all followers of each religion orbelief will necessarily have the same practices or follow their religion inexactly the same way.If an organisation decides to collect data, it may give staff addedconfidence if it is made clear why they want the information, how it isgoing to be used and that giving such information is entirely voluntary.All such information should be confidential and anonymous. It isdesignated ‘sensitive’ under the Data Protection Act 1998. Staff

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permission should be obtained before using such information.

18. How will organisations know if they are discriminating inadvertently?

Individual staff, or their trade union, will generally tell managers,particularly if managers are able to create a culture whereby staff feel comfortable in sharing such information. It can be helpful fororganisations to have a designated individual to whom people can goin confidence. It is a good idea for management teams, staffrepresentatives or a specially convened group of employees to thinkthrough and test whether any organisational policies and proceduresimpact on people’s religion or belief, or discriminate on any othergrounds such as disability, sexual orientation, sex or race. It is goodpractice to include age in your equality policies ahead of agediscrimination becoming unlawful in October 2006.Organisations should consider carefully whether they are inadvertentlydiscriminating indirectly. For example, if team meetings always takeplace on a Friday afternoon this may discriminate against Jewish andMuslim staff for whom Friday afternoon has a particular religioussignificance, although not everyone follows their faith in the same way.Employers will not escape liability in an Employment Tribunal byshowing that discrimination was inadvertent or accidental.

19. No one in my organisation has ever complained of discriminationor harassment so we don’t need to do anything new, do we?

People do not always feel able or confident enough to complain,particularly if the harasser is a manager or senior executive.Sometimes they will simply resign. One way to find out is to undertakeexit interviews when people leave your organisation and as part of thatprocess to ask if they have ever felt harassed, bullied or discriminatedagainst at work. If it is possible, exit interviews should be undertakenby someone out of the individual’s line of management, for instance apersonnel officer.Discrimination includes harassment which can take place withoutmanagement being aware of it. Organisations should make sure alltheir staff understand that harassment means any unwanted behaviourthat makes someone feel either intimidated, humiliated or offendedand that includes teasing, tormenting, name calling, etc and applies towhoever the perpetrator may be. The victim’s perception of the effectof the behaviour is also important. Managers should take all practicalsteps to make sure staff understand that organisations and theirmanagement teams will not tolerate such behaviour and that they willdeal with whoever is causing the problem through the disciplinaryprocess.

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20. Should we ban discussions about religion and belief in theworkplace? We are concerned that someone might complainabout harassment.

If harassment has been explained to staff they should be able todistinguish between reasonable discussion and offensive behaviour.Staff should be aware that if their discussions cause offence then thismay be considered to be harassment and therefore unlawful. A ban ondiscussions about religion or belief may create more bad feelingamongst staff and cause more problems than it solves.

21. Do organisations have to release staff for prayer outside normal rest/break periods or religious festivals ?

Organisations do not have to release staff for prayer outside normalrest breaks or holiday periods. Under the Working Time Regulations1998, (further details available at Appendix 2) staff are, in general,entitled to a rest break of not less than 20 minutes where working timeis more than six hours. Staff may request that their rest break coincidewith their religious obligations to pray at certain times of the day.Employers may be justified in refusing such a request if, for example, itconflicts with legitimate business needs which they are unable to meetin any other way. If they are unable to justify such a refusal this may bediscrimination.The Working Time Regulations also provide that staff are entitled tonot less than four weeks annual leave each . Staff may also request annual leave to coincide with religious festivals. Refusal to grant such leave may bediscriminatory if it cannot be justified by a legitimate business needwhich cannot be met by any other reasonable means.Managers should try to be flexible about when rest breaks or annualholidays are taken. It is good practice to ensure that staff know how torequest such flexibility and how much reasonable notice is required tomeet their needs. There may be a few jobs where it is not possible tobe flexible but explanation and discussion may enable a compromiseto be achieved. No organisation is expected to accept unreasonabledisruption to its activities. Managers may wish to consider that thetime taken for prayer is rarely longer than that of a tea or coffee break.Staff needs to understand that they have a responsibility to be reasonable to both their employer and their colleagues when asking

22. My organisation has rules on personal appearance and dress. Are we in breach of the legislation ?

If your company rules are in place for health and safety reasons or toprotect your image with customers they may be lawful. It is importantto explain the company’s policy on dress and appearance, butorganisations should try to be flexible where they can to enable staff todress in accordance with their beliefs but still meet the organisation’s

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requirements.Some religions require their women to dress modestly andorganisations should consider whether this requirement is contravenedby their dress code. For example, Jewish women may wish to wear ashirt or blouse outside their skirt in order to avoid accentuating theirbody shape. This may also apply to women from other religions.There are items of jewellery which are culturally specific to somereligions, for instance Hindu men wear neck beads (known as KanthiMala) which are an indication of their faith. Additionally, some religionsare designated by body markings such as a red spot on the forehead(Bindi Sindhur) and organisations should consider allowing for thesewithin their policies.

23. I am concerned that, on the grounds of religion, some of my staffmay refuse to work with their gay or lesbian colleagues.

Some religions do have strong views concerning sexual orientation butmost do not advocate persecution of people because of their sexualorientation. Everyone has the right to be treated with dignity andrespect in the workplace whatever their sex, race, colour, disability,age, religion or sexual orientation. You should include this overridingpremise in your Equality Policy and show that you take a robust viewwhen this principle is not adhered to. Your workers do not have to befriends but you can insist that they treat each other professionally.

Appendix 2

Recent UK case law covering Religion, Faith and Belief

1. Eweida v British Airways (ET 2702689/2006)Eweida v British Airways plc is the case of the evangelical Christian who claimed that she was indirectly discriminated against on grounds of religion or belief by BAs policy of prohibiting jewellery to be visible over a uniform, which did not allow her to visibly wear a plain silver cross. The EAT held that this was not prima facie indirectly discriminatory because there was no evidence that a group of Christians were put “at a particular disadvantage” by the policy compared with non-Christians. Mr Justice Elias said that “in order for indirect discrimination to be established, it must be possible to make some general statements which would be true about a religious group such that an employer ought reasonably to be able to appreciate that any particular provision may have a disparate impact on the group.” The principle set out in Eweida has the result, as the EAT admits, “that if someone holds subjective personal religious views, he or she is protected only by direct and not indirect discrimination.” Whether this is the correct interpretation of the indirect discrimination test was expected to be considered by the Court of Appeal. The case supported by the civil liberties pressure group

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‘Liberty’ was dropped when BA capitulated and allowed the employee to wear the silver cross.

2. Ladele v London Borough of Islington (ET 22036994/2007)At the time of writing (May 2009) the Court of Appeal is also expected to be asked to hear Ladele v London Borough of Islington, the case of the registrar who refused to register civil partnerships because she considered that this was inconsistent with her religious beliefs. Two gay colleagues complained that this was homophobic and contrary to the council’s dignity for all policy. Disciplinary proceedings were brought against Ms Ladele by reason that she had failed to comply with the policy by refusing to carry out civil partnership work solely on the grounds of the sexual orientation of the customers. The EAT overruled an employment tribunal finding that there was unlawful direct religious discrimination by the employers. It accepted the local authority’s argument that they had applied the same rule to all registrars and had treated Ms Ladele no differently. Mr Justice Elias proclaimed: “It cannot constitute direct discrimination to treat all employees in precisely the same way.”

3. Williams-Drabble v Pathway Care Solutions (ET2601718/2004)This is a case where Mrs. Williams who was a Residential home worker took her employers Pathway Care Solutions to an Industrial Tribunal on the basis that the introduction of new shift working patterns meant that she could not attend church as she would wish. The tribunal ruled that the imposition of a permanent work rota requiring occasional Sunday shifts indirectly discriminated against an active Christian whose church held only one service at 5pm (in accepting the job six months earlier, Mrs W-D had advised the company of her faith and that she was unable to work on Sundays). Mrs W-D resigned when told that the change was non-negotiable. The tribunal also held that the discrimination amounted to a breach of the implied duty of mutual trust and confidence and that Mrs W-D’s claim for constructive unfair dismissal should also succeed.

4. James v MSC Cruises Ltd (ET 2203173/2005)

In James v MSC Cruises Ltd (ET case 2203173/05) the tribunal ruled that a requirement for Saturday working indirectly discriminated against Seventh Day Adventists whose faith requires them to observe the Sabbath. MSC Cruises marketed and sold holidays on cruise ships and required Saturday morning working to cater for customer needs. This was a contractual requirement and staff was rostered for Saturdays about once a month.

The tribunal held that this requirement, although discriminatory, was founded in a “compelling business case”.

5. Edge v Visual Security Services 2006 (ET 1301365/06)

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Edge v Visual Security Services covers similar ground. Edge was a practising Christian whose wish not to work Sundays had been flagged up at interview. Six months later VSS transferred him to a site where Sunday working was required; he complied under duress for about three months while the company trained another operative to take these duties. Ultimately, after arguments about time off for personal and religious reasons, he was dismissed. The tribunal held that VSS had a legitimate aim in requiring Sunday working, but that its failure to find alternative solutions because they were “simply too much trouble” meant that it could not demonstrate proportionality.

6. Fugler v MacMillan (ET 22050904/2004)Fugler v Macmillan London Hair Studios (ET case 2205090/04) illustrates similar points in relation to Judaism: in a year in which Yom Kippur fell on a Saturday the employer should have considered alternatives to its usual policy of discouraging holiday requests for Saturdays, which was accepted by the tribunal as the salon’s busiest day (demonstrating a legitimate aim for the hours of opening) EFB commentProvided that the working pattern is clearly required for sound business reasons (such as efficiency, customer demand, coverage etc.) employers should have little difficulty in showing that this is a legitimate aim. It is however equally important to be able to demonstrate that other potential solutions were properly considered and that the working hours were not just unilaterally imposed, especially if an employee has previously expressed concerns based on a religious belief.

7. Kara v Hackney Council

Paul Kara a male bisexual employee, at Hackney Council was told he could not come to work dressed as a female.

He brought proceedings against the Council before an Industrial Tribunal alleging direct discrimination on grounds of gender contrary to section 1 of the Sex Discrimination Act 1975. In particular, he alleged that female employees had not been given similar instructions in relation to male clothing and other members of staff who had engaged in what was described as "cross dressing" had not been disciplined by the Council. On 13 January 1995, the tribunal dismissed the applicant’s claim on the grounds that the Council genuinely and on reasonable grounds believed that the clothes worn by the applicant were in breach of their policy with regard to clothing and further found that there was no element of prejudice in the respondents’ actions to the applicant. Moreover, on the basis of the respondent’s evidence it was satisfied that at all material times the policy was applied equally to both their male and female members of staff.

8. Ghai v Newcastle City Council (EWHC 978 /2009)

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The High Court rejected a claim by a British Hindu that preventing him from having an open air Cremation infringed his rights to Freedom of Religion under Article 9  of the European Convention on Human Rights.

9. R. Begum v Denbigh High School Luton (CA/2005)

Wearing of the hijab in school. The case went to the House of Lords and Lord Hoffman, said that article 9 of the Human Rights Act did not require that one should be allowed to manifest one’s religion at any time and place of one’s own choosing. Common civility also had a place in religious life.

10. Azmi v Kirklees Metropolitan B.C (EAT APR/ 2005)

This case concerned a teacher who insisted on wearing a veil while taking a class. This prompted the then Prime Minister Tony Blair to say‘the veil is a mark of separation which makes people outside of that community feel uncomfortable.The veil was interfering with effective communication with pupils, they also could not hear her.’ However the issue is still not really resolved. The courts have tended to take the view that such issues should be decided on a case by case basis.

11. Nicholson v Grainger plc (2009)

Mr Nicholson, 41, had been head of sustainability at Grainger plc, Britain's biggest residential property investment company, until he was made redundant in July last year. He brought a case for unfair dismissal, claiming that one of the reasons for his sacking was his strong belief about the importance of the environment – which put him at odds, he said, with other senior executives within the firm.

Mr Justice Barton found in favour of Tim Nicholson, who was made redundant by the property company he worked for. The judge argued that a 'philosophical belief which is based on science' should receive the same protection as religious beliefs. In a landmark ruling, the law appears in effect, to have recognised environmentalism as a religion.

12. Religious Belief v Sexual OrientationLadele v Borough of Islington (the Christian registrar case).

It is authority for the proposition that there is nothing in the Religion or Belief Regulations 2003 that entitled Ms Ladele, as a civil partnership registrar, to insist on her right not to have civil partnership duties assigned to her because of her belief that civil partnerships were contrary to the will of God.

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The Court of Appeal agreed with the EAT that Ms Ladele was neither directly nor indirectly discriminated against, nor harassed contrary to the 2003 Regulations, by being designated a civil partnership registrar, by being required to officiate at civil partnerships, or by any other aspect of her treatment by Islington.

Interestingly, the Court of Appeal (unlike the EAT) did go on to consider the conflict of rights issue, namely whether the effect of the Sexual Orientation Regulations 2007 is to "trump" the right to freedom of religion. The Court of Appeal held that the prohibition of discrimination by the 2007 Regulations took precedence over any right which a person would otherwise have by virtue of their religious belief or faith, to practice discrimination on the ground of sexual orientation (save for in the limited circumstances provided for in Regulation 14 of those Regulations).

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Contact InformationPolicy Officer - RaceEqualities Unit, Luton Borough CouncilTown Hall, Luton, LU1 2BQTel: 01582 546190Fax: 01582 546794, Minicom: 01582 546102email: equalities_unit@luton.gov.uk