religious discrimination at religious organisation?
Options
Comments
-
Hmm - but the rules quotes say that the discrimination must be necessary to met the organisation's aims or avoid offending those who share the religious aims
I am not sure that a blanket ban on promotions for someone who isn't a member of the religion would necessary met those criteria.
Is it necessary? does meeting the aims of the organisation require more senior staff to participate in relations activities or activities where someone not of the religion can't participate?
(e.g. if the organisation requires all senior staff to actively promote the religion, e.g. by leading prayer groups or services, then it might be necessary that those staff members are of the relevant religion, but the fact that the organisation itself is a religious one doesn't automatically mean that the discrimination would be acceptable. )
The equality and human rights commission's website says (in the section about employment)
OP, it may be worth your daughter seeking clarification about why she would not be eligable for promotion and asking for a copy of the charity's policies and guidance, and then seeking advice from https://www.equalityadvisoryservice.com/ as to whether the specific restrictions are lawful.
I'd also suggest she check who is saying this - is it official HR or is it her own line manager who may potentially have misunderstood or misinterpreted the rules? Is it any promotion or is it specifc roles which are restricted?
Thank you for this, she has pushed this afternoon and has been told its an occupational requirement for anyone in the business who is a people manager (any of her promotion opportunities would involve managing at least one person) has to abide by all of the company values, and one of them is we are x religion. Even though the job itself wouldn't require the religious aspect (since its a skilled role) to manage someone she needs to embody all their core values.0 -
I am posting on behalf of my daughter who currently works for a large religious charity. Although her current role is 'skilled' and therefore she didn't need to be of this religion to get her role she has just been told that she is not eligible for any future promotions as she is not of the required religion.
She is a bit upset having received this notice in writing and I am just wondering are they able to discriminate based on religion because they are a charity, and if not is there anything she can do through tribunal etc.
How do they know she does not follow the particular religion? Unless it is a religion that requires people to wear particular garments there is presumably nothing to stop her saying she is now a convert.0 -
How do they know she does not follow the particular religion? Unless it is a religion that requires people to wear particular garments there is presumably nothing to stop her saying she is now a convert.
They wouldn't necessarily but she doesn't want to lie, although she isn't religious she feels it would be a bit disrespectful to bare face lie about believing in God etc.0 -
No, they can't.
A valid business reason isn't grounds for discrimination on the basis of a protected characteristic (such as religious belief).
Yes you can. Here's a link on citizens advice but you could also just google it: https://www.citizensadvice.org.uk/law-and-courts/discrimination/what-are-the-different-types-of-discrimination/justifying-discrimination/
If you can provide a valid business reason you can discriminate. For example, I could refuse to employ someone with disabilities that prevented them from moving their arms for the job as a removal person for example. The army can discriminate based on age and disabilities (and until very recently gender as well) because there's a valid reason to do so.
In terms of religion I doubt you could become a vicar if you were an atheist.
However I really don't believe that applies here. There is presumably nothing that would prevent the OPs daughter doing a more senior role based on her religious beliefs. I can somewhat understand the charities view on this but it doesn't feel like a valid reason.0 -
My view is that it would be a good idea for her to get some expert advice about this. I suspect (but I am not an employment lawyer!) that the requirement as a blanket rule is ...questionable. Not least because it would be perfectly possible for an employee to uphold and support the religious ethos of the charity without themself being a practising member of that religion, also because it is difficult to see a situation where being of a particular faith would be a key part of a management role.
I found some interesting guidance produced as part of a guide for baptist churches which talks about assessing whether or not faith is an 'Occupational Requirement' for any specific job.In determining the OR for any job it may be helpful to be aware of the following guide
notes from ACAS (but bear in mind that this is guidance, not law):
• The employer must be able to show that being of a specific religion or belief is a central requirement of the job and not just one of many relevant factors
• When considering applying such a requirement, the employer must look at each post individually both in terms of the duties of the job and the context in which it is carried out
• Employers should not expect to apply a blanket occupational requirement to all its posts
• Employers should consider whether there are alternatives to applying an occupational requirement. For instance, if only a small part of the jobs needs someone from that religion then it may be
possible to redistribute work or re-organise roles in such a way as to avoid applying a religious requirement to a particular post
• Employers should be clear about the link between the requirements of the job and the need to maintain the church’s/projects ethos.
• Employers can reasonably expect their staff to keep to the organisational values and culture and should bear in mind that people may be able to maintain those values and culture without actually
belonging to the particular religion or belief.
• Employers should be clear about the link between the requirements of the job and the need to maintain the organisation’s ethos as, in the event of an Employment Tribunal claim on the grounds of religious or belief discrimination, the burden of proof will be on the employer to show the OR
I think that unless the charity your daughter is working for is very small , it would be quite difficult for them to argue that being of the relevant religion was a genuine requirement for *every* role which involved managing anyone.
That said, she may wish to start looking for alternative jobs first, and only raise the issue once she has other options available to her, as it may be that pushing back will make it impractical for her to remain happily employed there .All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
My view is that it would be a good idea for her to get some expert advice about this. I suspect (but I am not an employment lawyer!) that the requirement as a blanket rule is ...questionable. Not least because it would be perfectly possible for an employee to uphold and support the religious ethos of the charity without themself being a practising member of that religion, also because it is difficult to see a situation where being of a particular faith would be a key part of a management role.
I found some interesting guidance produced as part of a guide for baptist churches which talks about assessing whether or not faith is an 'Occupational Requirement' for any specific job.
I think that unless the charity your daughter is working for is very small , it would be quite difficult for them to argue that being of the relevant religion was a genuine requirement for *every* role which involved managing anyone.
That said, she may wish to start looking for alternative jobs first, and only raise the issue once she has other options available to her, as it may be that pushing back will make it impractical for her to remain happily employed there .
Thank you for this! really helpful, it's definitely not small so I will send this on and hope it helps. She is definitely going to start looking soon as she is now worried she will be less motivated as there is no way for her to progress so we shall see!0 -
-
Actually, you probably could. But let's not go there ...
To be honest I wasn't entirely sure on this one. I'd imagine the church could argue that religious beliefs are a core criteria of being a vicar and I'd probably agree with them. However whether this would be enough to legally discriminate against non religious people is up for debate.
This is of course assuming you don't lie, which naturally I'd never recommend.
0 -
The range of belief which is acceptable to the Church of England is extraordinarily wide. I don't believe many full-blooded atheists apply, and I don't believe many of them get through the selection process, BUT it's certainly the case that vicars (and other denominational church leaders) do sometimes lose their faith and / or behave in ways which are completely at odds with their faith and / or behave in ways which would get them sacked in any 'normal' employment.To be honest I wasn't entirely sure on this one. I'd imagine the church could argue that religious beliefs are a core criteria of being a vicar and I'd probably agree with them. However whether this would be enough to legally discriminate against non religious people is up for debate.
However, that lack of faith / bad behaviour is not automatically grounds for dismissal from the post.
I was, TBH, a bit gob-smacked at the reason given for barring promotion to those not sharing this faith - not being able to line-manage a person of faith. I've managed people of many faiths and none, and I tell you, those who shared my faith gave me the greatest difficulty. What difference does it make? Why is it a problem, if it is not a problem for someone of faith to manage someone of no faith?Signature removed for peace of mind0
This discussion has been closed.
Categories
- All Categories
- 343.5K Banking & Borrowing
- 250.2K Reduce Debt & Boost Income
- 449.9K Spending & Discounts
- 235.6K Work, Benefits & Business
- 608.6K Mortgages, Homes & Bills
- 173.2K Life & Family
- 248.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards