Employment Equality (Religion or Belief) Regulations 2003
Encyclopedia
The Employment Equality Regulations 2003 is a plank of United Kingdom labour law designed to combat discrimination in relation to people's religion or belief, or absence of religion or belief. They were introduced in order to comply with the European Union
Directive 2000/78/EC and complement similar measures on sexuality, age, disability, race and gender discrimination. The EU Directive in turn is similar to legislation passed in the United States
.
There are exceptions for genuine occupational requirements, for national security, and for positive discrimination for overcoming disadvantages pertaining to adherents of a religious belief or to encourage religious adherents to take advantage of opportunities for work.
A special clause protects Sikhs from requirements pertaining to the wearing of safety helmets.
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
Directive 2000/78/EC and complement similar measures on sexuality, age, disability, race and gender discrimination. The EU Directive in turn is similar to legislation passed in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
.
Provisions
The main provisions of the regulations are to make direct and indirect discrimination against an employee or potential employee on the grounds of religion unlawful. They also make it unlawful to discriminate by way of victimization, or to harass an employee on grounds of religious belief. The regulations also extend to cover providers of vocational training in relation to those undergoing training for any employment, and to those acting as employment agencies and giving careers advice.There are exceptions for genuine occupational requirements, for national security, and for positive discrimination for overcoming disadvantages pertaining to adherents of a religious belief or to encourage religious adherents to take advantage of opportunities for work.
A special clause protects Sikhs from requirements pertaining to the wearing of safety helmets.
Case law
- McClintock v. Department of Constitutional AffairsMcClintock v. Department of Constitutional AffairsMcClintock v Department of Constitutional Affairs [2008] IRLR 29, Times 5 December 2007, is a UK employment discrimination law case, concerning freedom of religion under Article 9 of the European Convention on Human Rights, unfair dismissal McClintock v Department of Constitutional Affairs [2008]...
- Redfearn v. Serco
- Jivraj v Hashwani [2010] EWCA Civ 712
- McFarlane v Relate Avon LtdMcFarlane v Relate Avon LtdMcFarlane v Relate Avon Ltd [2010] EWCA Civ 880; [2010] IRLR 872; 29 BHRC 249 was an application in the Court of Appeal of England and Wales for permission to appeal against a decision of the Employment Appeal Tribunal, that a relationship counsellor dismissed for refusing to counsel same sex...
[2010] EWCA Civ 880
External links
- Statutory Instrument 2003 No. 1660, The Employment Equality (Religion or Belief) Regulations 2003, full text at the official Office of Public Sector InformationOffice of Public Sector InformationThe Office of Public Sector Information is the body responsible for the operation of Her Majesty's Stationery Office and of other public information services of the United Kingdom...
website.