Handling displays of religious belief at work

The law requires employers are required to treat employees consistently but remain responsive to the needs of individual employees.  This is a difficult balancing act, particularly around employees’ expression of religious beliefs.  Managers using their own discretion when dealing with the outward signs of employees’ religious beliefs may lead to allegations of discrimination and so employers often opt for a complete ban and avoid having to negotiate the grey area of acceptability.

A more subtle approach to religious discrimination, encouraging greater use of employer discretion, may be on its way. The Equality and Human Rights Commission has applied to intervene in the ECHR’s hearing of the case of a British Airways employee banned from wearing a crucifix, along with other UK religious discrimination cases on appeal. The commission wants to establish a clearer set of principles on what is justifiable in order to help both employers and employees avoid legal action.

Reasonable accommodation

If the ECHR intervention is accepted, the court may encourage a response to religious discrimination similar to the duty to make reasonable adjustments for disability. Equality is not always about treating people the same; it is about reducing disadvantage. So, where an employer’s approach to expressions of belief at work puts an employee at a disadvantage compared to those with different beliefs, the employer may have to take reasonable steps to overcome that disadvantage.

Policy needs

Until now tribunals have upheld employers’ blanket bans on religious expression at work so, for the time being, employers should ensure their policy on restrictions is based on