Religion in the Workplace
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4 October 2011
One of the purposes of the Equality
Act 2010 ('the Act') was to give 'protected characteristics' protection
from discrimination. "Religion or Belief" which has now become a major
part of employment, falls within the meaning of protected
characteristics and is defined in S10 of the Act.
Religion means any religion, and a
reference to religion includes a reference to a lack of religion.
Belief means any religious or philosophical belief and a reference to
belief includes a reference to a lack of belief.
Employers are being faced with
issues relating to religion with the growing rate of minorities. The
importance of understanding the needs of their employees in terms of
their religion, and the needs of their business related to the
productivity and profitability of the business is vital.
The employment tribunal's decision
in Dhinsa v Serco and another held that a ban on prison officers
carrying knives did not amount to indirect race or religious
discrimination against a Sikh prison officer who wished to wear a
religious ceremonial dagger worn by Sikhs. The decision was based on
the fact that only 10% of Sikhs wear the Kirpan and the ban did not
have sufficient impact on the Sikh ethnic group as whole. The ban was
further justified by the fact that the safety and security in prisons
was a legitimate reason for the ban to take place.
Aneela Akbar can
be contacted at aneela.akbar@lawdit.co.uk Lawdit Solicitors is a
commercial law firm based in Southampton with associate offices in
London, Malaga and Rome
About the Author
Lawdit
Solicitors offer services and advice for litigation,
commercial contracts, Intellectual Property and IT legal agreements. We
are experts in commercial law with a heavy emphasis on Intellectual
Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of
Higher Court Advocates and we are the appointed Solicitors to the
largest webdesign association in the world, the United Kingdom Website
Designers Association.
