When we talk about religion, we mean any religion and a lack of religion. A religion does not need to be mainstream or well known to gain protection under the Equality Act 2010. However, it must have a clear structure and belief system.
When we talk about belief, we mean any religious or philosophical belief and includes a lack of belief. Religious belief goes beyond beliefs about and adherence to a religion or its central articles of faith and may vary from person to person within the same religion.
A belief which is not a religious belief may be a philosophical belief. It does not need to include faith in or worship of God or Gods, but must affect how a person lives their life or perceives the world. A philosophical belief will be protected under the Equality Act 2010 if it:
- Is genuinely held,
- Is a belief and not an opinion or viewpoint based on the present state of information available,
- Is a weighty and substantial aspect of human life and behaviour.
- Attains a certain level of cogency, seriousness, cohesion and importance,
- Is worthy of respect in a democratic society, not incompatible with human dignity and not in conflict with the fundamental rights of others.
People’s experiences of discrimination
People are sometimes treated unfairly because of something to do with their religion or belief. Examples of discrimination related to religion or belief may include:
- A blanket no headwear or jewellery policy for all staff.
- Unreasonably refusing to allow staff time off for religious observance.
- Refusing to provide someone care or treatment, or refusal to accept care or treatment because of their perceived or admitted philosophical belief.
Useful links:
- Nil by mouth : challenging sectarianism
- Interfaith Scotland : resources for healthcare staff
- Equality and Human Rights Commission, Religious discrimination in Britain: A review of research evidence 2000 – 2010
