Shrewsbury Employment Tribunal - ET number 2901366/06

Key Facts

The case is only a first instance decision at the Tribunal, however cases dealing with the question of the Equality (Religion and Belief Regulations) 2003 relating to religious discrimination are rare.

In the Regulations there is a narrow exception. The general prohibition on religious discrimination may not apply where the employer can show a ‘genuine occupational requirement’ (GOR) relating to religion or belief that applies to the employment in question. 

The Regulations say that, where employers have ‘an ethos based on religion or belief’, such an employer may rely on a GOR to defend a discrimination claim if, having regard to the employer’s ethos and to the nature of the employment or the context in which it is carried out, being of a particular religion or belief is a GOR and it is proportionate to apply that requirement in the particular case.

In this case, a Christian charity providing services to people with learning disabilities could not rely on the defence. The Tribunal’s decision essentially was that, because the work itself was primarily secular in nature and was being carried out by a considerable amount of non practising Christians, it could not be said that under the Regulations, being of a particular religion was essential for performing the functions of the post in question. Accordingly those employees who had been treated less favourably had suffered religious discrimination.

Comment

The case confirms that the defence of a GOR in the Regulations is very narrow. The fact that an employer may follow a particular ethos does not of itself allow it to rely on a genuine occupational requirement. It is necessary that the employer considers each job individually and looks at whether the duties carried out in that job can be done by someone who is not of a specific religion or belief.