IER Conference

3 November 2009

Jo Seery

Religion or Belief Regulations 2003

Introduction

• ETS Statistics - 2008 - 2009

• R or B claims make up 0.3% of all ET claims

• Current Issues – Will these be resolved by the Equality Bill?

Who is Covered?

• What Is religion?

• What is belief?

• Nicholson –v- Grainger

• Sufficient cogency, seriousness, cohesion, importance and worthy of respect in a democratic society – McClintock –v- Department for Constitutional Affairs

• Popular beliefs/Political beliefs

• Devine –v- Home Office

Direct Discrimination

• Where on the grounds of the religion or belief of B, A treats B less favourably than he or she treats or would treat other persons – Reg 3 - R or B Regs

• Associative - Perception

• Where the less favourable treatment is because of religion or belief – cl. 13 Eq Bill

• Amnesty International –v- Ahmed

Comparators

• As a matter of evidence not to determine liability

• Actual –v- Hypothetical comparators

• Azmi –v- Kirklees Metro Borough Council

Manifestations of Belief

• Is this covered?

• Case law experience?– McConkey – Simon Community NI– London Borough of Islington –v- Ladele– Azmi –v- Kirklees Metro Boro Council

• Article 9 ECHR

Genuine Occupational Requirement (1)

• Where being of a particular religion or belief is a genuine determining occupational requirement – reg 7(2)

• Where an employer has an ethos based on religion or belief and having regard to that ethos, the nature of employment or the context in which it is carried out it is proportionate Reg 7 (3)

Genuine Occupational Requirement (2)

• Narrowly interpreted – Glasgow City Council –v- McNab– Sheridan and Hender –v- Prospects for

People with Learning Disabilities

• Equality Bill – for the purposes of organised religion

• Leading or assisting in the observation of liturgical or ritualistic practices of the religion

• promoting or explaining the doctrine of the religion (whether to followers of the religion or not)

No positive duty

New Concepts

• Positive Action - if they are “as qualified”

• Dual discrimination – Direct– Two grounds only

Conclusion

• Equality Bill does it deliver?

• Manifestations of religion or belief

• Time off

• ECHR model

• Over to you…