Religious Discrimination Solicitors - Employment Tribunal Compensation Claims UK
Employees should not encounter discrimination on the basis of their religious beliefs. Any employee who is exposed to religious discrimination in the workplace has a right to make application to the Employment Tribunal for compensation. Religious discrimination is dealt with by the Employment Equality (Religion or Belief) Regulations 2003. Under those Regulations, religion is defined as, “as any religion, religious belief or similar philosophical belief.” No particular religion or theory of beliefs is specified; all large-scale religions in the world are protected as are some smaller denominations. This regulation also makes it unlawful to discriminate against non-believers or Atheist for their lack of belief. From a legal perspective it is the judgment of the Employment Tribunal as to what composes the exercise of religion and which factors normally establish a philosophy of beliefs that affect its believer’s way of life following representations from a religious discrimination solicitor.
Types of Religious Discrimination
There are four fundamental divisions of religious bias or discrimination:
- Religious Discrimination
- Harassment
- Direct Discrimination
- Indirect Discrimination
Harassment includes threatening, objectionable or otherwise abusive speech or behaviour directed toward an individual regarding their religion. Direct discrimination is unfair or unfavourable treatment based on an employees religious beliefs. Indirect discrimination implicates unfavourable treatment of a group of workers based on their beliefs. Religious victimisation occurs when an employer discriminates against an employee due to their making application to an Employment Tribunal in a religious discrimination case or if they support or co-operate with another employee who makes application to an Employment Tribunal in a religious discrimination case.
Who Benefits under the Rules?
The Employment Equality (Religion or Belief) Regulations 2003 encompasses all stages that lead to employment and during employment: starting with recruitment, during employment, required training, consideration for promotion, benefits, transfers and terminations. Managers and employers must not deny a reference for a competent and qualified employee, when that denial originated from a bias toward that employees religion.
Exceptions to the Rules
An exception could be implemented to provide for “genuine occupational requirement” which occurs when someone “must be of a particular religion or hold certain religious beliefs in order to perform the job or abide by the religious ethos of the business or organisation.”
No employee should face discrimination based on their religion or religious beliefs and if you feel you have been or are being subjected to religious discrimination, you may be able to make a claim for compensation to the Employment Tribunal. Phone our helpline or email our offices and an experienced religious discrimination solicitor will contact you regarding your complaint. You will receive a concise review of your case and an estimate of potential compensation. If you do decide to move forward with your claim, you pay nothing unless you win your case, so there is absolutely no risk.
Employment Equality Regulations 2003
Based on the Employment Equality (Religion or Belief) Regulations 2003, all employees are protected from any type of religious discrimination. Under the regulations, “religion” is defined “as any religion, religious belief or similar philosophical belief.” No specific religion or system of belief is mentioned in the regulation; all of the world’s major religions are covered, as well as many smaller practices, such as Humanism. It is also illegal to discriminate against someone for their lack of religious belief or practices.
Claims can also be brought against an employer if an individual feels they are being treated unfairly or harassed based on their perceived religion or due to their association with members of a particular religion. It is ultimately the decision of the Employment Tribunal as to what constitutes the practice of a religion and qualifying factors usually include a well-defined system of belief affecting its practitioner’s lifestyle and world view and a collective system of worship.
Religious Discrimination Solicitors
If you have been mistreated at your workplace due to your religious beliefs, you may be entitled to claim compensation. Call one of our religious discrimination solicitors and get advice. Our solicitors can make an application to the Employment Tribunal on your behalf and will represent you during the process of getting the compensation you deserve. If you would like free legal advice with no further obligation on employment law claims from a solicitor simply email our offices or you can phone our helpline. Receiving this free legal advice does not obligate you to proceed with a claim.