Religion or belief

This response to the UK government consultation highlights the DLA's concerns regarding the proposal for an EC Directive providing protection against discrimination outside of employment on grounds of religion or belief, disability, age or sexual orientation

Redundancy ... is it a smoke screen concealing the real reason for selection?

This powerpoint presentation was provided by Elizabeth Graves, Kathleen Healy and Susan Doris from Freshfields

September 2007

Changes to the Religion and Belief regulations have created a situation in which there will be a difficult social and legal debate on what protection should be given to extreme religious, political and philosophical views, such as fascism and nationalism, religious fundamentalism, universal theocracy etc.

A talk by Declan O’Dempsey, who appeared in Azmi v Kirklees MBC (wearing of veils by teaching assistants), examines the concept of beliefs that are protected under the regulations and those that are not, and early tribunal cases which have tried to deal with this issue, as well as discussing religious dress/symbolism cases (including but not only Azmi). The talk also touches on some of the recent developments relating to goods and services discrimination in the 2006 Equality Act and mentions the conflicts between sexual orientation and religion embedded in the current law.

In its submission to the EC, the DLA makes a number of specific recommendations regarding the text of this proposed Directive, specifically in the areas of exceptions, positive action, victimination, multiple discrimination, equality bodies, and public procurement.

The DLA strongly recommends that these changes are introduced via a single Directive covering all four grounds of discrimination (religion or belief, age, disability, and sexual orientation), rather than separate Directives for each ground. We believe that a single Directive will aid legal clarity and transparency from the perspective of individuals, employers and service-providers. In addition, a single Directive is a better response to the situation of those who experience multiple discrimination. The DLA raises the concern that the introduction of a further Directive does not lead to any regression from the level of protection already guaranteed in the existing Directives.

January 2008