religion or belief discrimination solicitors.

What does the Equality Act 2010 say about religion and belief discrimination?

It is unlawful for an employer or a work colleague to discriminate against you because of your religion or other philosophical belief. If a work colleague discriminates against you or harasses you because of belief or religion (or lack of) your employer will be liable. 

What does religion and belief discrimination look like?

Discrimination takes many forms. It could be that an employer refuses to hire you because you are a Muslim or it could be that your work colleagues mock and abuse you because you hold a faith that is different from theirs and they make you a laughing-stock.

There are many ways that workplace banter and clash of personal views can lead to religion and belief discrimination at work. A lot of case law has been established around gender critical beliefs (GCBs) and the ways in which sex realists have been harassed at work because they believe that sex is real and immutable. This is a belief that has qualified for protection under the Equality Act.  

A fine balance

There is a fine balance between freedom of speech in the workplace and protecting the rights and beliefs of an individual against those of others and the workplace as a whole. Freedom of belief and freedom of speech are protected under articles 9 and 10 of the European Convention on Human Rights (ECHR). These rights are often at odds with, or go further than, the Equality Act rights. This tension has given rise to some very contentious and high profile litigation and will only deepen in an age where people are not afraid to express their views however inflammatory (especially openly via social media) and in a time when taking offence is something of a growing trend. 

Which religions and beliefs are covered?

Religion and belief discrimination covers not only organised religions such as Christianity, Islam, Judaism, Sikhism but also other philosophical beliefs such as veganism, Marxism, Rastafarianism and GCBs. 

As long as the belief is serious, cogent and concerns an important aspect of life or behaviour it may be protected.  Case law has already determined that supporting a football team is not a philosophical belief.  

The belief does however have to be worthy of respect in a democratic society (WORIADS) to be protected. It cannot be any belief that is offensive to the point of being a hate crime or unworthy of protection. English nationalism, with anti-Islamic views has already been rejected as a philosophical belief as being incompatible with human dignity.  

Section 10 of the Equality Act 2010 (EqA) makes it clear that religion means any religion and a reference to religion also includes a reference to a lack of religion (atheism), s.10(1).

Section 10 defines belief as any religious or philosophical belief and this also includes lack of belief, s.10(2). 

In relation to the protected characteristic of religion or belief an individual is protected as are those who share that religion or belief, s.10(3)(a) and (b).

When and where does the protection apply?

The Equality Act protects against discrimination at every stage of the employment relationship beginning with advertising vacancies and recruitment all the way up to dismissal and beyond. 

The protection also extends into the broader areas of life such as the way you are treated by a service or facility that you use (schools, shops, etc.). Employers can be liable for religion and belief discrimination but so too can any public body, service provider or association. 

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What kinds of religion and belief discrimination are there?

The Equality Act covers a wide range of discriminatory acts, the most pertinent of which to religion and belief discrimination are:

• Direct discrimination, s.13. 
• Indirect discrimination, s.19.
• Harassment, s.26.
• Victimisation, s.27.

Direct religion and belief discrimination

Direct discrimination is when your belief or religion or lack of is the reason for the treatment you are complaining about. For example, an employer that will not hire you if you are not a Christian would be directly discriminating against you because of your lack of Christian faith and this is unlawful discrimination which cannot be justified.

Indirect religion and belief discrimination

Indirect discrimination is when a workplace rule (known as a PCP or a provision, criterion or policy) indirectly disadvantages you in a way that it does not disadvantage those who do not hold your religion or belief (or lack of). This would arise in the context of workplace uniforms that did not permit the wearing of head coverings which would indirectly discriminate against Sikhs and Muslims (among others). Rules which dictate that you are not allowed to wear any religious symbols (a crucifix for Christians) might also be indirectly discriminatory if there is no less discriminatory way to enforce these rules. Indirect discrimination can be justified if it is considered to be a proportionate means of achieving a legitimate aim (i.e. health and safety reasons, business efficacy, national security).  

Religion and belief harassment

Harassment means that you are made to feel that you are in a hostile environment which violates your dignity because of your religion or belief of lack of. This often arises in the context of inappropriate workplace banter but also from the clash of opinions in the workplace around topical issues such as Israel v Gaza or GCBs. If the workplace conduct has the purpose or effect of creating a hostile, degrading, intimidating and unwelcoming environment, you may have a claim for harassment.  This is to be distinguished from simply being offended.  

Victimisation because of religion and belief

When you have made a complaint about discriminatory conduct in the  workplace and you begin to be treated even more poorly by colleagues, managers, etc this may be victimisation, i.e. they are inadvertently punishing you for your complaint, or your threat to take legal action, then this is unlawful under EqA. 

Discrimination and perception discrimination

Under the Act less favourable treatment (or detriment) suffered by an individual because of their religion or (philosophical) belief (or lack of) is prohibited and may constitute discrimination. The Act also covers the situation where someone is perceived to hold a faith or belief even if that perception is incorrect. 

Religion and belief discrimination – the case law is developing quickly

This is a fascinating yet complicated area of law and one in which didlaw has been a key player and continues to be. The forum of belief in discrimination case law is riddled with competing challenges and balances.  One must consider an individuals’ right to freedom of speech alongside ensuring that any protected belief is worthy of respect in a democratic society. Any freedom of speech has to be coupled with and measured against societal norms, tolerance and boundaries. One has to consider where do the rights of the individual lie and how far do those rights extend? Is your right to say what you want unfettered?  Clearly not. There is a proportionality threshold which, as demonstrated in Higgs v Farmor’s School, was not met in terms of the actions of the Respondent School, in choosing to dismiss the Claimant for reasons connected with the manifestation of her beliefs.

Manifestation is one of the key difficulties and complexities in religion and belief cases.  In simple terms, how has that religion or belief been articulated, what has been said?  

If someone articulates their religion or belief in a way that is offensive and/or inappropriate and suffers a workplace sanction (warning/dismissal) then an employer could justify its actions by virtue of the manifestation of the belief being the issue, rather than the belief itself.   This issue was explicitly explored in the case of Omooba v Leicester Theatre Trust & Michael Garrett Associates (with Elizabeth McGlone of didlaw instructed to act for Michael Garrett Associates). 

Any response to the manifestation of a belief has to be proportionate and objective.  If the manifestation causes identifiable and/or quantifiable harm/loss/reputational damage, then taking steps in response can be more easily justified.  The Employment Appeal Tribunal has provided helpful guidance on this.

This area of law is developing quickly and is sure to see much more court time including two other key cases to be heard in 2025 which are Ngole v Touchstone Leeds (with Mr Ngole previously litigating against the University of Sheffield on the same issue) and Miller v University of Bristol. Watch this space…

Other cases of note in this area where Elizabeth McGlone has been instructed:

• Omooba v Leicester Theatre Trust & Michael Garrett Associates 
• Bindel v Nottingham City Council 
• Fahmy v Arts Council England 
• Dr Shahrar Ali v The Green Party of England & Wales 
• Pitt v Cambridgeshire City Council 
• Emma Bateman v The Green Party of England & Wales
• Harassed and Victimised for supporting Women’s Rights
• Challenging Bullying and Harassment in the Liberal Democrat Party
• Help Sarah’s Legal Challenge to Secure Female Only Rape Crisis Therapy
• Protect Single-Sex Facilities at Work

The work we do in this area includes:

• Provide support and guidance to individuals who have suffered R&B discrimination in the workplace and in goods and services
• Act as mediators between individuals and their employers to resolve issues without going to court or tribunal
• Represent your interests in formal litigation if a negotiated solution is not possible

Advise employers on how to avoid falling foul of the law in this area and creating inclusive and tolerant workplaces. 

We are leaders in this field of discrimination and have been at the forefront of the development of the law in this area. 

Our clients receive not only legal advice but the moral and emotional support that is inevitably needed when trying to deal with any kind of dispute. Read what our clients say about us here.

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