The Equality Act 2010 and Religious Belief in Employment Law

This report examines the protection of religious belief within the framework of UK employment law, primarily focusing on the Equality Act 2010. It delves into the definition of religious belief, differentiating it from religious practices and behaviors, and highlights its protected status under the Act. The discussion encompasses various forms of discrimination, particularly indirect discrimination, and explores challenges in proving such cases, especially in the workplace. The report analyzes key legal cases, including Eweida vs. United Kingdom and R(X) vs. Head Teacher of Y School, illustrating how courts have interpreted and applied the law. It also addresses the concept of dignity in discrimination law and the limitations of religious freedom within employment contexts. Furthermore, the report explores the complexities of pluralism and the potential for conflict between religious beliefs and other forms of discrimination, as exemplified in the case of Ladele vs. London Borough of Islington. The conclusion underscores the ongoing efforts to address religious discrimination in the UK, emphasizing the significance of secularism and the government's role in preventing workplace discrimination.

Running head: EMPLOMENT LAW
RELIGIOUS BELIEF
Name of the Student
Name of the University
Authors Note

1EMPLOMENT LAW
Introduction
Numerous researchers, authors and philanthropists are of the view that religious
discrimination is very hard to prove if takes place anywhere because it is inherently connected to
ethnic, racial and cultural discrimination. If the pages of history are turned over, it can be
observed that discrimination on the ground of religion is a very old practice which was started
during World War II in Jewish society. Apart from that, cultural discrimination concerning anti-
Muslim bias and even clash relating to the political association between Catholics and
Protestants in Northern Ireland has also been observed1. This paper mainly focuses on the
discussion of how the concept of religious belief is protected under the Equality Act, 2010
Discussion
Religious belief refers to mythological, supernatural or philosophical behaviours of a
faith. Religious beliefs play a social role in communities of people, offering a shared sense about
where human beings come from and where people go after death. Religious beliefs are different
from religious practices and religious behaviour, where some individuals do not believe in
religion and some individuals do not believe in practising religion.
For the Equality Act of 2010 (EA), religion and faith are regarded to be as a protected
attribute in compliance with section 10. According to section 10 of the above-mentioned Act2:
1) Religion means any religion and there is a connection to a lack of religion;
2) Belief means any religious faith or ideology and there is also a connection to a lack of
faith;
1 Donald, Alice, and Erica Howard. "The right to freedom of religion or belief and its intersection with other rights."
(2015).
2 Equality Act, 2010

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3) In connection to the proceed features of religion or faith-
i) A reference to a person having a specific security feature about an individual with a
specific religion or faith;
ii) Any individual sharing a protected feature shall be referred to as individuals of the
same faith or faith.
As per the aforesaid Act3 nobody can discriminate a person on the ground of religion or
religious belief. This kind of discrimination takes place either in school, college or workplace but
it is a fact that this kind of discrimination is most complicated among all other discrimination.
Discrimination on the ground of religion is considered to be as indirect discrimination. However,
in the UK, discrimination mainly observed in the workplace4.
Many researchers are of the view that the main problem in proving discrimination on the
ground of religious belief is that if somebody wants to prove indirect discrimination that person
must prove a disadvantage faced by a particular group. For this reason in Eweida vs. United
Kingdom5 case, Eweida struggled and failed in the English courts to demonstrate that she was
discriminated for wearing a cross because it is contrary to the dress code policy of British
Airways. The court held that as she was the only Christian to complain about the dress code
policy of the British Airways the meaning of it was that it was not an indirect prejudice, but
personal faith. Nevertheless, she ultimately won her case in the European Court of Human Rights
(ECtHR).
3 Equality Act, 2010
4 Vickers, Lucy. Religious freedom, religious discrimination and the workplace. (Bloomsbury Publishing, 2016).
5 Eweida vs. United Kingdom [2013] ECHR 37

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Again, in the case of R(X) vs. Head Teacher of Y School6, the same approach was taken
into consideration by the court. In this particular case, it has been stated by the court that wearing
a niqab has been rejected by the school from the dress code policy which is proportionate and
justified. The reason behind it is that the teachers need to see the face of the students so that they
could communicate and relate with the students appropriately. A niqab is something which
creates an obstacle in this regard. Moreover, no complaints about the dress code policy were
lodged by other Muslim students of the school. Again, in this case, the plaintiff ultimately won
her case in the European Court of Human Rights (ECtHR).
Dignity is considered to be as the heart of the discrimination law. Dignity is important
because it removes the need for a comparator. As discussed earlier, in indirect discrimination,
cases based on religious belief or religion are much easier to prove if it affects a group of
individual rather than an individual. The perception of dignity helps to determine discrimination
based on principles of an individual as equality as integrity increases an individual’s status7.
However, the Equality Act of 2010 offers some kinds of religious freedom, but its scope
is not fully extended8. Though a person is protected against direct and indirect discrimination in
the perspective of employment, along with victimization for reasons of faith, religion or belief is
not protected under the Law for the provision of services or the exercise of public duties.
Pluralism is a problem when dealing with matters of discrimination on the ground of
religion as if a person trusts one religion he can't trust another. Religion may clash with other
explanations of discrimination, as religions do not have a justification except rely on faith9. If
6 R(X) vs. Head Teacher of Y School [2007] EWHC 298 (Admin)
7 Solanke, Iyiola. Discrimination as Stigma: a theory of anti-discrimination law. (Bloomsbury Publishing, 2016).
8 Waughray, Annapurna, and Meena Dhanda. "Ensuring protection against caste discrimination in Britain: Should
the Equality Act 2010 be extended?." (2016) International Journal of Discrimination and the Law 16.2-3: 177-196.
9 Dinham, Adam, and Matthew Francis, eds. Religious literacy in policy and practice. (Policy Press, 2015).

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seeking to prove cases based on religious faiths as seen in Ladele, the Court takes into
consideration the need for negotiation in employment cases. In the case of Ladele vs. London
Borough of Islington10, Miss Ladele, a registrar, rejected civil partnerships as they were against
her religious faiths. The responsibilities of Islington Borough Council to provide services
without discrimination based on sexual orientation were in contrast with Ladele as she is the
recruiting officer of that organization. She was given an offer that she did not to carry out the
duties relating to recruitment but only engaged in administrative activities which were refused by
her and she lost the job. Finally, Ladele lost her case in the European Court of Human Rights
(ECtHR).
Conclusion
Therefore, from the above discussion, it can be said that discrimination is something
which creates a difference among persons. Undoubtedly, secularism is now part of UK’s
discourse in the search for approaches which can address religious discrimination, which is often
associated with national security concerns. Over recent years, secularism has been poorly
advertised. Academic analysis tends to combine political neutrality with animosity toward
religion quite frequently. Numerous scholars tend to combine political neutrality with hostility
toward religion quite frequently. The UK government takes several steps to prevent
discrimination on the ground of religious belief from the workplace, despite that it cannot be
prevented completely.
10 Ladele vs. London Borough of Islington [2009] EWCA Civ 1357

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Bibliography
Books & Journals
Dinham, Adam, and Matthew Francis, eds. Religious literacy in policy and practice. (Policy
Press, 2015).
Donald, Alice, and Erica Howard. "The right to freedom of religion or belief and its intersection
with other rights." (2015).
Solanke, Iyiola. Discrimination as Stigma: a theory of anti-discrimination law. (Bloomsbury
Publishing, 2016).
Vickers, Lucy. Religious freedom, religious discrimination and the workplace. (Bloomsbury
Publishing, 2016).
Waughray, Annapurna, and Meena Dhanda. "Ensuring protection against caste discrimination in
Britain: Should the Equality Act 2010 be extended?." (2016) International Journal of
Discrimination and the Law 16.2-3: 177-196.
Cases
Eweida vs. United Kingdom [2013] ECHR 37
Ladele vs. London Borough of Islington [2009] EWCA Civ 1357
R(X) vs. Head Teacher of Y School [2007] EWHC 298 (Admin)
Legislation
Equality Act, 2010