Religious

1
Religious Belief Discrimination Awareness
Training

• Steve Baldwin

2
Objectives

• To introduce you to the Employment Equality
  (Religion or Belief ) Regulations 2003
• How it applies to all areas of employment
• Who is protected
• Who is liable
• Direct Discrimination
• Indirect Discrimination
• Harassment
• Victimisation

3
Healthcare Commission

• The Healthcare Commission (HCC) Standard C7e.
• Expects everyone in the Trust to challenge
  discrimination, further equality, diversity and
  human rights and reducing inequalities in
  healthcare.

4
Penalties of Non-compliance

• Until October 2007, the Equal Opportunities
  Commission was responsible for enforcing the
  Gender Equality Duty. Breaches of the general
  duty were subject to judicial review. For
  breaches of specific duties, the EOC had the
  power to issue compliance notices.
• From October 2007, the new Commission for
  Equality and Human Rights established by the
  Equality Act 2006, will take over enforcement and
  have responsibility for all six strands of
  discrimination law (race, gender, age,
  disability, religion and belief and sexual
  orientation).

5
What is meant by a good patient experience?

• The Department of Health commissioned research
  with patients who said
• We want an NHS that meets not only our physical
  needs but our emotional ones too. This means
• - getting good treatment in a comfortable,
  caring and safe environment
• - having information to make choices, to feel
  confident and to feel in control
• - being talked to and listened to as an equal
• - being treated with honesty, respect and
  dignity.

6
Employment Equality (Religion or Belief)
Regulations

• The Employment Equality (Religion or Belief)
  Regulations came into force on 2nd December 2003.
• Religion or Belief means any religion, religious
  belief or similar philosophical belief.
• In defining what religion or belief means,
  factors such as collective worship, clear belief
  system and profound belief affecting way of life
  or view of the world will be taken into
  consideration by courts or tribunals.
• The regulations are not intended to protect
  discrimination on grounds of political opinion.

7
Who is Protected ?

• Applicants for jobs
• Current employees
• Self employed workers
• Contract workers
• People seeking or undertaking training
• Protection from discrimination, harassment and
  victimisation is provided by the legislation.

8
Territorial Scope of the Regulation

• Applies to employees or contract worker who does
  his/her work wholly or partly in the UK.
• Applies to employees or contract worker whose
  employer has a place of business at an
  establishment in the UK.

9
Who is Liable ?

• Employers are liable within the following
• Recruitment
• Terms and Conditions or Benefits
• Dismissal Process
• Whether act is done by the employer, its
  employees, with or without employers approval,
  done by agent of employer with express or implied
  authority of the employer.

10
Unlawful Discrimination

• The Employment Equality (Religion or Belief)
  Regulations 2003 prohibits direct and indirect
  discrimination.
• Prohibits harassment
• Prohibits victimisation
• Prohibits indirect discrimination

11
Where Discrimination is likely to occur

• Arrangements in determining offer of employment.
• Terms on which employment is offered.
• Refusing to offer, or deliberately not offering
  employment.
• Access to promotion opportunities
• Access to training or redeployment
• Dismissing employee

12
Direct Discrimination

• Less favourable treatment on the basis of
  someones religion or beliefs.
• Perception of religion or belief.
• Assumptions of religion or belief.
• Job applicants or employees must not be treated
  less favourably than others because they follow,
  or do not follow a particular religion or belief.

13
Indirect Discrimination

• Indirect discrimination occurs when person A
  applies to person B a provision, criteria or
  practice that person A applies or would apply
  equally to persons not of the same religion or
  belief as B. When applied puts a particular
  disadvantage when compared with other persons.

14
Harassment

• Regulation 5 defines harassment as being where,
  on grounds of religion or belief, a person A
  engages in unwanted conduct that
• Violates person Bs dignity, creates hostile,
  degrading, humiliating or offensive environment.

15
Victimisation

• An individual is protected from victimisation
  even if they have brought proceedings against the
  employer on the grounds of religious
  discrimination.

16
Genuine Occupational Requirement

• Regulation 7 contains an exception from unlawful
  religion or belief discrimination in recruitment,
  promotion or transfer to a job or dismissal from
  any job.
• There are 2 types of genuine occupational
  requirements.
• Due to the nature of employment religion or
  belief is needed e.g Christian chaplain.
• Due to the ethos of the employer

17
Equality Act 2006

• Under the Equality Act 2006, it is unlawful for
  someone to discriminate against you because of
  your religion or belief (or because you have no
  religion or belief)
• in any aspect of employment
• when providing goods, facilities and services
• when providing education
• in using or disposing of premises, or
• when exercising public functions.

18
Positive Action

• Regulation 25 allows employers to address issues
  of under representation by advertising vacancies
  in communities where local population are not
  represented in the workforce.
• The regulation does not allow an employer to
  positively discriminate e.g when recruiting or
  promoting staff.

19
Accommodating and Respecting Religious Observance

• The religious and belief regulations may have
  impacts on the following
• Dress codes
• Access to a quiet place for prayer
• Changing and washing facilities

20
Action Points

• Reviewing Trusts Uniform Policy, Bullying and
  Harassment Policy, Equal Opportunities and
  Non-Discrimination Policy
• Train all staff and managers so that they are
  aware of issues that may arise in relation to
  religion or belief.

21
Questions and Answers
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