Since December 2003, it has been unlawful for employers to discriminate on the grounds of religion or belief (Employment Equality (Religion or Belief) Regulations 2003. These regulations prohibit direct and indirect discrimination as well as prohibiting victimisation and harassment. The Regulations protect employees, contract workers, office holders and partners in firms.

Direct discrimination will occur if a person is treated less favourably than another person on the grounds of religion or belief. Indirect discrimination covers situations were a general provision, criterion or practice puts persons of a particular religion or belief at a disadvantage, and it cannot be shown to be a proportionate means of achieving a legitimate aim.

Victimisation occurs if a person receives less favourable treatment because that person has made allegations of religious discrimination, or instigated a claim or given evidence in court proceedings. Harassment occurs if a person is subjected to unwanted conduct that has the purpose or effect of violating that person’s dignity, or creates a hostile, degrading, humiliating or offensive environment on the grounds of religion or belief.

The Regulations contain a number of exceptions. They include the ability to take positive action; to protect national security, and a specific exemption in relation to Sikhs wearing safety helmets.

Perhaps more relevant exemptions are contained in Regulation 7. It states that no discrimination takes place if being of a particular religion or belief is a genuine and determining occupational requirement for a post provided that it is proportionate to apply that requirement for the particular case in question. The same regulation provides an exception for organisations that have an ethos based on religion or belief where being of that religion or belief is a genuine occupational requirement for a post, provided that it is proportionate to apply that requirement for the particular case in question.