Employees are protected under the Employment Equality (Religion or Belief) Regulations 2003 from discrimination by reason of any religion, religious or philosophical belief. There is an exception where belonging to a particular religion or having a particular religious belief is a genuine and determining occupational requirement for a post and it is proportionate to apply the requirement in the particular case.
An employee who worked for a Christian charity recently won his claim of constructive dismissal and discrimination on grounds of religion or belief.
The Employment Tribunal (ET) heard that the charity, Prospects, which receives public money for its work with people with learning disabilities, had previously employed a number of non-Christian staff and volunteers. In 2004, it began recruiting only those who were practising Christians and informed existing staff members who were non-Christians that they would no longer be eligible for promotion. Prospects claimed that it was protected by the genuine occupational requirement exception but the ET judged that its actions constituted discrimination under the Regulations.
The legal costs of the claimant in this case were paid by the British Humanist Association (BHA). Executive Director of the BHA, Hanne Stinson, commented that the outcome would "have far-reaching repercussions for religious employers, as faith-based organisations will have to be much more stringent when they wish to discriminate on grounds of religion or belief in employment and attach a 'Genuine Occupational Requirement' to their jobs."
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