As only a small proportion of tribunal claims reach a final judgment, these figures likely represent only part of the wider picture.
As employers encounter discrimination claims involving an increasingly wide range of beliefs, it is important to understand when a belief may be protected and how to manage situations where employees’ beliefs come into conflict.
What is a protected belief?
The Equality Act 2010 protects employees from discrimination, harassment and victimisation because of religion or belief.
This protection extends beyond religious beliefs. Certain philosophical beliefs are also protected, provided they meet the legal test established.
Not every opinion or belief will qualify. Among other requirements, a protected belief must be genuinely held and must have sufficient cogency, seriousness, cohesion and importance. It must also concern a weighty and substantial aspect of human life and behaviour.
For employers, this means it is important not to make assumptions about whether a particular belief is, or is not, protected. Each situation needs to be considered on its own facts.
Recent cases show the wide range of beliefs that may be protected
Views relating to religion were the most common basis for claims in our research, accounting for 31% of cases in the last year. Cases involving gender-critical views and transgender rights accounted for a further 24%.
Other recent cases have involved employees raising claims connected with beliefs about vaccination, fox-hunting, political parties and even football.
The question of whether a particular belief meets the legal test is not always straightforward. For example, the courts have established that ethical veganism can amount to a protected philosophical belief, whereas vegetarianism has not been found to meet the same test.
These situations can arise in day-to-day workplace interactions, particularly where employees hold strongly opposing views. Employers therefore need to consider carefully how to respond appropriately when concerns are raised about comments, conduct or workplace relationships involving religion or belief.
Where employees’ beliefs come into conflict, employers need to balance the rights of all parties involved and ensure that they continue to meet their legal obligations to prevent discrimination and harassment.
What should employers do?
Employers should take a proactive approach to managing issues involving protected beliefs, rather than waiting for a dispute to arise.
This includes:
- Keeping workplace policies up to date: Policies on equality, discrimination, harassment and acceptable workplace conduct should reflect the importance of respecting protected beliefs, whilst enabling the management of situations involving conflicting beliefs.
- Training managers: Managers should understand that a belief does not have to be religious to attract legal protection and should know how to respond when concerns are raised.
- Considering complaints carefully: An employee may bring a complaint because of something a colleague has said or done, even where the colleague considers their conduct to be an expression of their own protected belief. Each complaint should be assessed on its individual circumstances.
- Responding promptly to conflict: Where employees' beliefs come into conflict, employers should investigate concerns appropriately and consider what steps are necessary to maintain a respectful and non-discriminatory workplace.
The issue for employers is therefore not simply what an employee believes. They also need to consider how beliefs are expressed and the impact this may have on colleagues.
Getting this wrong can expose employers to significant financial and reputational risk. Compensation for discrimination claims is uncapped.
Employers should therefore regularly review their policies, training and approach to workplace disputes involving religion or belief.
How TWM can help
At TWM Solicitors, our Employment team advises employers on workplace discrimination, including issues involving religious and philosophical beliefs.
We can advise on how to approach difficult workplace situations where employees' rights and beliefs may come into conflict, as well as helping employers review policies, train managers and manage potential disputes.
If you would like advice on protected beliefs or any other workplace discrimination issue, please contact our Employment team.