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This fact sheet will give you some basic information about religious discrimination at work. You can also listen to it online or download it onto an MP3 player.

Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.

You can contact Russell Jones & Walker's solicitors at enquiries@rjw.co.uk or call our freephone number 0800 916 9065.

• Am I protected from religious discrimination at work?
• Am I protected when applying for jobs as well?
• What sort of activities are banned?
• What does discrimination actually mean?
• And what do victimisation and harassment mean?
• Are there any exceptions?
• What can I do if I've been discriminated against?
• What happens once I've made a complaint?

Am I protected from religious discrimination at work?

You are protected from being discriminated against because of any religion or religious belief you may have. This does not apply to political beliefs. You will certainly be protected if you belong to a traditional established religion, like Christianity or Islam. It is not clear how far you are protected if you follow a less traditional faith.

Am I protected when applying for jobs as well?

Yes, the law protects you throughout employment, from recruitment to dismissal and including vocational training. It covers contract workers and some office holders, such as company directors. It also extends to the police, barristers, partnerships, providers of vocational training, employment agencies and trade organisations. Even small employers are included.

What sort of activities are banned?

You are protected from being discriminated against because of any religion or religious belief you may have.

All discrimination, victimisation and harassment is now illegal. This doesn't just mean behaviour by your employer they are also responsible for the behaviour of their agents and of their other employees.

In some cases the regulations also cover discrimination after you have left your work. For example, if a former employer gives you a discriminatory reference or won't give you one at all, because of your religion or belief.

What does discrimination actually mean?

There are two types of discrimination, direct and indirect.

Direct discrimination is when you are treated, or would be treated less favourably than someone else because of your religion or belief.

Indirect discrimination is when your employer does something that applies to everyone, but that would put someone of a particular religion or belief at a disadvantage compared to everyone else.

And what do victimisation and harassment mean?

Victimisation is when you are treated less favourably because you have made a complaint or allegation, or are helping someone else who has.

Harassment is when you are made to feel intimidated or humiliated by someone else's behaviour. This could be someone making offensive or insulting remarks about your religion or belief.

Are there any exceptions?

There are only two exceptions: safeguarding national security and positive action. Positive action might be, for example, if an employer wants to try and attract applicants from an under-represented religion or belief. This is allowed, provided that any actual recruitment or promotion is only made on merit.

There may also be some limited circumstances in which employers have a genuine occupational requirement for a worker to be of a particular religion or belief. The law does differentiate between organisations which have a religious ethos or belief and those that don't, but even so, employers must show that religion or belief is a requirement for the job.

For example, the Prison Service would not break the law if it wanted to appoint a Sikh chaplain for the spiritual well-being of Sikh prisoners. But a mosque might be guilty of breaking the law if it only looked for Muslim candidates for a caretaker.

Even where an employer does get an exception for a genuine occupational requirement, they can't use it to discriminate against someone on other grounds such as sex, race or disability.

What can I do if I've been discriminated against?

If you have suffered from religious discrimination, you can make a claim however long you have been in your job.

Usually you will have to make an internal complaint first and this must be within three months less one day of the discrimination happening. There is then another deadline for when you can take your complaint to the Employment Tribunal.

It is quite complicated to know how and when you can bring a claim, so you should get legal advice on the issue as soon as possible.

You also have the right to ask your employer to fill in a questionnaire to help you get information about your complaint.

What happens once I've made a complaint?

If the Tribunal or court agrees that you have been discriminated against and your employer was responsible, your employer will have to justify their behaviour. If they can't, the Tribunal can decide that there has been unlawful discrimination and award compensation There is no maximum amount of compensation that can be awarded.