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Discrimination on Religion or Belief
Discrimination on the basis of religion or belief in employment and vocational training is unlawful by virtue of the Equality Act 2010. In particular, the Act prohibits direct discrimination, indirect discrimination, victimisation and harassment in the employment field (including vocational training) by reason of 'any religion, religious belief, or similar philosophical belief', unless being of a particular religion or belief is a genuine and determining occupational requirement for a post.

Religion means any religion and a reference to religion includes a reference to a lack of religion. Belief means any religious, philosophical belief and reference to belief includes a reference to a lack of belief.

Philosophical belief must:

  • Be genuinely held
  • Not simply be an opinion or view point based on information currently available.
  • Concern a weighty and substantial aspect of human life and behaviour
  • Attain a certain level of cogency, seriousness, cohesion and importance
  • Be worthy of respect in a democratic society, and
  • Be compatible with human dignity and not conflict with the human rights of others.

Discrimination can be direct or indirect. Indirect discrimination is where a generally applied provision, criterion or practice puts a person of a particular religion or belief at a disadvantage and there is no justified reason for it.
 
Victimisation is where a person receives less favourable treatment than others because he has brought (or given evidence in) proceedings, made an allegation or otherwise done anything under or by reference to the Act.
 
Harassment is where a person is subjected to unwanted conduct on grounds of religion or belief with the purpose or effect of violating his dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for him.
 
The Act also provides for 'vicarious liability' provisions, making an employer responsible for anything done by a person in the course of his employment and for ensuring that if a person knowingly aids another person to do an unlawful act they are both treated as doing that act.
 
If you think you have been discriminated against on the basis of your religion or belief, please contact Ashley Hunt, Vaishali Thakerar or Carrie-Ann Randall on 0116 212 1000 or complete the form on the right. Lawson-West offer a free initial consultation so it won't cost you a penny to find out if you have a claim. We also run a number of free walk-in advice clinics at our offices in Leicester, Wigston & Market Harborough.
 
Lawson-West will make sure that your claim for discrimination on the basis of religion or belief is funded on the most appropriate basis and that will often be on a No Win No Fee basis (subject to assessment). This means that Lawson-West have a vested interest in ensuring your employment claim is successful.