Faith and the Law - Equality Bill 2009

What is the Equality Bill?
Guidance Notes
The Equality Bill
When Does The Bill Become Law?
Read the bill online

What is the Equality Bill?

The declared purpose of the Bill is to bring together and restate a range of existing discrimination legislation and also to bring forward additional measures "to strengthen the law to support progress on equality". Its publication follows a lengthy period of consultation on the report of the Discrimination Law Review published in June 2007 and the Government's proposals in the light of responses to this, published last July in The Equality Bill.

This bill covers the right for people not to be discriminated against on grounds of:

age,
disability,
gender reassignment,
marriage and civil partnership,
pregnancy and maternity,
race,
religion or belief,
sex and
sexual orientation

This page only contains information relating to the bills religion or belief strand.

The Government Equality Office Guidance Notes

A Fairer Future: The Equality Bill and Other Action to Make Equality a Reality

This document describes the content of the Bill and its implications for different groups of people and for the public and private sectors. The below extract defining the new duty for religion or belief is the simplest explanation. More details of the Act can be found below.

Fairness for people of different religions or beliefs
The Equality Bill will make life fairer for people of different religions or beliefs by:

Putting a new Equality Duty on public bodies. The Duty will mean public bodies need to think about the needs of everyone who uses their services or works for them whatever their religion or belief. For example a local council could look for a provider of meals on wheels that delivers culturally diverse food including Halal and Kosher meals.

Using public procurement to improve equality. We want public services to meet the needs of our diverse society and promote equality in their workforce.

Putting a new Equality Duty on public bodies. The Duty will mean public bodies need to think about the needs of everyone who uses their services or works for them, regardless of their religion or belief.

Extending the power of employment tribunals. The Bill will ensure that employment tribunals can make recommendations that benefit the whole workforce and not just the individual who brought the claim, who often ends up leaving the company. For example if an employer has been found to have discriminated against a Christian employee the tribunal could recommend that the employer undertakes, and offers staff, training on different religions and beliefs to help prevent similar claims being brought in the future.

Ensuring private members’ clubs do not discriminate against people of different religions or beliefs. For example, a Jewish person who is a member of a gentleman’s club, or visiting as a guest, cannot be refused entry to the bar because he is Jewish.

Extending the use of positive action in the workplace. Employers can choose to make their workforce more diverse when selecting between two job candidates who are equally suitable.

Extending the use of positive action in political life. The Bill will allow political parties to do more to encourage diversity on their electoral shortlists. They may, for example, decide to reserve a specific number of places on every electoral shortlist for candidates with different religions or beliefs.

The Equality Bill

This section includes extracts from the Bill itself and from the accompanying Explanatory notes.

Clause 10: Religion or Belief

(1) Religion means any religion and a reference to religion includes a reference to a lack of religion.
(2) Belief means any religious or philosophical belief and a reference to belief includes a reference to a lack of belief.
(3) In relation to the protected characteristic of religion or belief.
(a) a reference to a person who has a particular protected characteristic is a reference to a person of a particular religion or belief;
(b) a reference to persons who share a protected characteristic is a reference to persons who are of the same religion or belief.

Equality Bill - Explanatory Notes - Clause 10: Religion or belief

Effect

64. This clause defines the protected characteristic of religion or philosophical belief or lack of such religion or belief. It is a broad definition in line with Article 9 of the European Convention on Human Rights. The main limitation for the purposes of Article 9 is that the religion or belief must have a clear structure and belief system. Denominations or sects within a religion can be considered to be a religion or belief, such as Protestants and Catholics within Christianity. Political beliefs and beliefs in scientific theories are not religious or philosophical beliefs for these purposes. This clause provides that people who are of the same religion or belief share the protected characteristic of religion or belief. Depending on the context this could mean people who, for example, share the characteristic of being Protestant or people who share the characteristic of being Christian.

Background

65. This clause replaces similar provisions in the Employment Equality (Religion or Belief) Regulations 2003 and the Equality Act 2006.

Examples

The Baha.i faith, Buddhism, Christianity, Hinduism, Islam, Jainism, Judaism, Rastafarianism, Sikhism and Zoroastrianism are all religions for the purposes of this provision.
Communism, Darwinism, Fascism and Socialism are not beliefs that fall within the definition; nor is adherence to a particular football team. However, beliefs such as atheism and humanism would be covered.

Other clauses concerning religion or belief:

Clause 13 - Direct Discrimination:

discrimination because of religious belief can occur even where both discriminator and victim are of the same religion or belief; e.g. If a Muslim shopkeeper refuses to serve a Muslim woman because she is married to a Christian, this would be direct religious or belief-related discrimination on the basis of her association with her husband.

Clause 18 – Indirect Discrimination:

Indirect discrimination occurs when a policy which applies in the same way for everybody has an effect which particularly disadvantages people with a protected characteristic because they have that characteristic. E.g. An observant Jewish engineer who is seeking an advanced diploma decides (even though he is sufficiently qualified to do so) not to apply to a specialist training company because it invariably undertakes the selection exercises for the relevant course on Saturdays. The company will have indirectly discriminated against the engineer unless the practice can be justified.

Clause 24 – Harassment:

As well as sexual harassment this clause covers unwanted conduct that has the purpose or effect of creating an intimidating, hostile, degrading humiliating or offensive environment for the complainant or violating the complainant’s dignity. This includes religious harassment.

Clause 27 – Provision of services:

When delivering services reasonable adjustments must be made to ensure people are not discriminated against on the grounds of religion or belief. E.g. A company which organises outdoor activity breaks requires protective headwear to be worn for certain activities, such as white water rafting and rock climbing. This requirement could be indirectly discriminatory against Sikhs unless it can be justified, for example on health and safety grounds.

Clause 143: Public sector equality duty:

The general public sector equality duty in practice will mean that the public authorities to which the duty applies will need, when thinking about or reviewing new or existing policies, programmes and services, to factor in the impact of their decisions on people with a religion or belief. This will include eliminating discrimination, promoteing equality and fostering good relations between people who share a protected characteristic and people who do not share it. E.g. The duty could lead a local authority to introduce measures to facilitate understanding and conciliation between Sunni and Shi’a Muslims living in a particular area, with the aim of fostering good relations between people of different religious beliefs.

There are other clauses which are specific to education, legal services and judiciary which also have an impact on religion or belief.

When Does The Bill Become Law?

The Equality Bill was introduced in the House of Commons on 24th April, 2009. The second reading is expected to take place in May, with the Bill entering Commons Committee stage in June. It is expected to reach the House of Lords at the beginning of the new parliamentary session. Subject to the approval of both Houses, the Bill is expected to receive Royal Assent in Spring 2010.

Read the bill online

www.publications.parliament.uk/pa/cm200809/cmbills/085/voli/2009085i.pdf

The Government Equality Office Introduction to the Bill:
www.equalities.gov.uk/PDF/GEO_A%20Fairer%20Future-%20The%20Equality%20Bill%20and%20other%20action%20to%20make%20equality%20a%20reality.pdf