Religion, Belief and HR (Part 1)
UK legislation relating to discrimination on the grounds of religion or
belief came into force on December 2nd 2003. The Employment Equality
(Religion or Belief) Regulations 2003 make such discrimination unlawful.
It is crucial for UK based HR personnel to understand the implications and
impact this has on the field of HR.
This article aims to assist HR
personnel in understanding the legislation and how practical issues
stemming from religion and belief affect the workplace and HR
professionals.
'Religion'
Although there
exists no universal agreement on what constitutes religion or 'a' religion
there are some common threads that run through the differing opinions.
There are three essential elements that are necessary to meet the
definition of 'religion', 1) a belief in a supreme being, 2) worship of
that supreme being and 3) a group or following of people who observe a set
of beliefs, values, customs and practices set down by and through the
supreme being. Grey areas exist and arguments will continue as to the
definition of religion but in the end it is the responsibility of the
courts to decide on the matter when discrimination charges are brought
forward relating to HR or other matters.
'Belief'
Defining
belief is even more complex. The guidelines state that philosophical or
political beliefs are not covered by the legislation unless they are
similar to a religious belief. Could this then theoretically incorporate
atheism? What of Veganism, Pacifism or Druidism? Again there exists more
doubt than certainty with regard to a definition and again it is the
jurisdiction of the courts to decide, not HR personnel and the like.
Discrimination
Discrimination
on religious grounds can take place in four different ways:
Direct
Discrimination is where a person(s) is treated less favourably or not
equally to others due to their religious adherence.
For example, at
interview stage Jameel is just as qualified or perhaps even more qualified
that the other interviewees. Jameel makes it clear he is a Muslim, prays
five times a day, attends the Friday prayers and fasts in Ramadan. The HR
manager does not offer him the position out of fear that his religious
commitments would impede upon his performance. This is direct
discrimination.
Indirect Discrimination is where a generic
rule is enforced that negatively impacts or puts at a disadvantage
adherents of a certain religion.
For example, a firm introduces a rule
stating that men may not have long hair. Livtar, a Sikh, with a 'shika'
(small knotted bunch of hair) would thus be indirectly discriminated
against.
Victimisation occurs where a person is discriminated
against due to their involvement in an act or willingness to do so.
For
example, after giving evidence on behalf of a colleague in an employment
tribunal, Mina applies for a promotion. Although she has the skills and
qualifications the HR manager sees her as disloyal due to her actions at
the tribunal and refuses the promotion.
Harassment takes place
when a person is ill-treated, intimidated, degraded, humiliated or
offended because of their religious affiliation.
For example, Yadid is
tormented and ridiculed in the workplace through comments and practical
jokes for being Jewish and wearing a skull cap.
It is the
responsibility of HR professionals to fully understand the implications of
the legislation on HR procedures and practices as well as the consequences
poor cultural awareness among staff can have on colleagues from religious
communities.
HR personnel and those interested in HR issues can
continue this article by reading Religion, Belief and HR (Part II) which
goes through some practical examples of how religion and religious
observance manifest in the workplace.
If you work in HR and would like
to discuss cultural and religious awareness training please contact us.
