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DIVERSITY BRIEFINGS – RELIGION

The Graduate’s Perspective

Definitions

Religion

The Employment Equality (Religion or Belief) Regulations came into effect on December 1st 2003. In order to be covered by the regulations, a religion or belief should meet one or more of the following criteria:

  • involves collective worship
  • offers a clear belief system
  • is a profound belief affecting a way of life or view of the world

Disclosure

The Regulations do not require individuals to disclose their religion or belief to an employer or prospective employer. There is nothing in the legislation that states potential employees must disclose their religion or beliefs. An employer can unlawfully discriminate against an individual on the grounds of religion or belief even where the employer is not aware of that religion or belief.

Disclosure is a personal decision. It may be appropriate in some situations but inappropriate in others. If your religion or belief is likely to affect your working practices you may require assurance that these needs can be met. In certain cases it may be evident from your appearance (clothing, jewellery etc) that you hold a particular belief. In these cases it may be appropriate to address the subject at interview. If you elect for this route, try to explain your activities (prayer, festivals, clothing) in a positive and non-confrontational way. By doing this you will act to challenge any unfounded concerns that may exist.

A question regarding religion or belief should only be included on an application form or at interview if it is a genuine occupational requirement for the job.

It is important to note that the Equal Opportunities form, which is frequently supplied with an application pack, is for Equal Opportunities monitoring purposes only and is not used as a part of the selection process.

Specific Issues

The 2001 census gave the following figures within the UK from 42 million responses:

  • 72% were Christian
  • 16% had no religion
  • over 7% did not respond to the question
  • almost 3% were Muslim
  • less than 1% were Buddhists, Hindus, Jews or Sikhs

Although previously race relation legislation provided some protection for certain religious groups, there has never been specific inclusive protection for the vast majority of religions or beliefs. At present, best practice on the part of employers is to assume that an individual’s religion or belief is included within the Regulations.

A Home Office survey in 2001 demonstrated that employment is one of the three areas of life where people from religious organisations are most likely to face unfair treatment. The other two areas of life were education and the media.

Legislation

The Employment Equality (Religion or Belief) Regulations came into effect on December 1st 2003. Basically, people of any religion or belief are protected in the workplace from both direct and indirect discrimination, harassment and victimisation on the basis of that religion or belief. The law covers all aspects of employment from applying for a job through to obtaining references on leaving. It also covers training, promotion, pensions and the rights of contract workers. The regulations also cover discrimination on the basis of perceived religion. Whether or not someone is actually of a particular religion is irrelevant if they are discriminated against because someone else thinks or assumes that they are.

Direct discrimination occurs when one person treats another less favourably because of his or her religion or belief. It includes treatment such as harassment, failure to promote, lack of training opportunities and dismissal.

Indirect discrimination occurs when an employer operates a policy or practice that disadvantages people of a particular religion or belief in comparison with other people. For example, a requirement to socialise with alcohol or to work on a Sunday.

Like the other discrimination laws, the regulations state that the employer is liable for discrimination carried out by its employees.

The legislation provides for:

  • Flexible working – some employees mat need to pray at certain times and should be able to work flexibly in order to facilitate this. Use of annual leave can usually accommodate religious festivals, or a provision of unpaid leave could be included to facilitate this attendance. However, it is important that people of a certain religion should not have better terms and conditions than other employees within a company.
  • Attire – where a religion requires particular items of clothing or jewellery this should be permitted unless it contravenes health and safety requirements. They also cannot be worn if there is a genuine occupational requirement for not doing so.
  • Diet – religious requirements should be catered for when food is provided at work.

Some exceptions are permitted under very specific circumstances. For example a Catholic school would be able to put a case for employing only a Catholic head teacher but would be unlikely to justify this in the case of auxiliary staff such as a cleaner or grounds person.

Finding Positive Employers

Employers are beginning to appreciate the benefits of having a diverse workforce and businesses realise that a diverse workforce is more successful if it reflects the community it serves.

By actively targeting companies who indicate they wish to recruit talented individuals regardless of their background you will ensure that you get a fair chance to promote your skills and qualities. There are a number of ways to identify these employers:

  • Does the company state that it is an equal opportunities employer?
  • Do they have an equal opportunities policy or statement that appears in their recruitment brochures or on their website?
  • Do they have members of staff from different religions?
  • Is a diversity officer in post?
  • Are there procedures in place in the event of harassment?

Students from diverse backgrounds may be the first people in their families to go to university and also the first to try to find a graduate job. This can be a disadvantage, as the networks and experience of graduate jobs enjoyed by young people from traditional backgrounds are often lacking.

Be prepared to market yourself effectively so that you can challenge any negative stereotypes that may exist. Show in your application and at interview that you have the skills and are enthusiastic about the job you are applying for. Most graduate employers are also looking for evidence of a range of soft skills, in addition to the possession of a degree.

Make sure you take full advantage of the assistance available from your university careers service.

Resources

GO Wales is not responsible for the content of external internet sites.
ACAS
The Advisory Conciliation and Arbitration Service. Aims to improve organisations and working life through better employment relations.
BBC
Religion and Ethics site.
BITC
Business in the Community.
CRE
A non-governmental body set up to tackle racial discrimination and promote racial equality.
DTI
The Department for Trade and Industry.
EOC
The Equal Opportunities Commission. Main agency working to eliminate sex discrimination.
Home Office
Research on religion and discrimination.
Prospects
Information on a wide range of careers issues.
Racial Equality Unit
The lead government department concerned with race equality issues.
Race for Opportunity
Factsheet ‘Managing the new legislation on religion and belief’.
TIGER
Tailored Interactive Guidance on Employment Rights. Designed to provide a user-friendly guide through different aspects of UK employment law.
The Employment Equality (Religion or Belief) Regulations 2003