People Matters

Religious Discrimination

 

Indirect discrimination against Christian worker  

An Employment Alert from Nigel George & Co

Since December of 2003 it has been unlawful to discriminate directly or indirectly against employees on the grounds of their religious belief.  Indirect discrimination occurs where an employer applies a work practice which puts people of a particular religious belief at a disadvantage.  It is a defence however for the employer to show that it was an appropriate and necessary way of achieving a legitimate aim of the business.

In the case of Williams-Drabble v Pathway Care Solutions Ltd and anor 2005 a tribunal heard that MS Williams-Drabble (‘W-D’) had told her employer at interview that she was a practicing Christian who could not work Sundays as she attended church.

Without any consultation her hours of work were changed so that she was required to work on a Sunday.  The tribunal held that although this working practice had been applied equally against all members of staff it indirectly discriminated against her as it put practicing Christians like W-D at a particular disadvantage.  The employer was not able to show that it was strictly necessary for them to do what they had done.

The tribunal further held that the employer was guilty of constructive dismissal.

In a further recent case an employee was held to have been discriminated against on the grounds of his religious belief after having taken extended leave to make a pilgrimage to Mecca .

How does an employer protect themselves against such claims?

1 Make sure that all staff particularly those in a management or supervisory role are aware of the laws on religious discrimination.  The more people who are aware then the more chance a problem can be avoided.
2 When making decisions about working hours or practices consider how they may affect people’s religious beliefs.
3 Consider how you may accommodate any particular religious practice.  If you can’t accommodate it then be prepared to justify why you can’t.
4 Discuss such changes with any employees affected.  Better you talk to them than they end up talking to a solicitor.
5 Never forget the simple rule, treat other people as you would expect them to treat you.

 Remember prevention is cheaper than cure  

For more information on good employment law practice visit www.georgeandco.co.uk or contact:  

Nigel George
George and Co
Orchard Vale
Borley Green
Bury St Emunds
IP30 9RW
T:  01449 737 582
E: nigel@georgeandco.co.uk
 

Last updated 12 November 2008