Religious discrimination in the English workplace

Balancing competing interests

Abstract

This paper considers discrimination in the workplace on the grounds of religion, as a matter of English law and practice. It explores the extent to which the law both prohibits discrimination on grounds of religion and also, in certain circumstances, permits discrimination on grounds of religion. It examines English jurisprudence under the Equality Act 2010 in which the provisions relating to direct and indirect discrimination have been applied in relation to religious claims. Through a review of cases decided in the Employment Tribunal, this paper addresses the scope of religion or belief as interpreted by the judiciary and the extent to which relief will be granted when those of a particular faith group are subject to particular disadvantage in the workplace.