Chapter 16Employing labourbe informed that the organisation will not allow such
behaviour.
In all cases employers should look at and revise as
necessary their equal opportunities policy.
Comment. In Reaneyv Hereford Diocesan Board of
Finance(2007), Reaney, a gay man, applied for a job as
a diocesan youth officer. The issue of homosexuality was
discussed during his interview. In the light of the Church’s
position on this issue, he was asked whether he intended
to remain celibate for the duration of the post. He
declared that this was his intention. The applicant was
the preferred candidate for the job. However, the Bishop
was not prepared to accept this assurance and he was
not appointed. The employment tribunal decided that
while the genuine occupational requirement was relev-
ant to the case, the Bishop’s decision to reject Reaney’s
assurance was unreasonable and therefore it found that
Reaney had been the victim of discrimination.
Religion or belief
The following matters arise.
1 In recruitment.Advice should be given to applicants
as to the requirements of the job so that they can ascer-
tain whether there could be a clash with their religion or
belief, e.g. late Friday night working could conflict with
those of Muslim or Jewish faith.
When interviewing, employers should avoid ques-
tions relating to an applicant’s religion or belief.
2 Genuine occupational requirement.As we have seen,
the employer may have an ethos based upon a particular
religion or belief such as a denominational school. If the
employer can show that a particular religion or belief is
a requirement of the job then a GOR may be applied.
3 Dress requirements.These must be justified by health
and safety or sound business reasons. Flexibility is the
key in other situations where staff can dress according to
their religion or beliefs and still meet the requirements
of the organisation. Thus the wearing of neck beads
should be allowed unless there is a health or safety
requirement.
4 Holiday leave.Certain workers may wish to take
accrued annual leave at specific times to celebrate festi-
vals, spiritual observance or bereavement. This should
be allowed subject to genuine business requirements.
Enforced holiday periods, e.g. Christmas closure for all
staff, may have to be evaluated to avoid allegations of
indirect discrimination.
5 Dietary requirements.Employers must be sensitive
to any special dietary requirements of staff who have
religious or belief convictions in terms of food. Staff
canteens and corporate events should be monitored.
Where food is brought to the workplace, separate stor-
age and heating facilities may have to be considered.
6 Prayer, meditation and rest periods.Subject to it
causing problems for other workers, employers should
agree to a request to make available a quiet place for the
above. It may be necessary to consider storage of cerem-
onial equipment. Permitted rest periods under working
time provisions may be required by some staff to fit a
religious obligation to pray at certain times of the day.
7 Changing facilities and showers.Some staff may
because of religion or belief feel unable to undress with
others present. A private area may be a requirement for
this and showering purposes. To insist on same-sex chang-
ing and shower facilities may be indirect discrimination.
8 Staff discussion.There is no harm in sensible dis-
cussion about religion or belief but offensive behaviour
should be prevented. Staff should be told that there must
be no harassment for which they and the employer could
be liable.
Comment. The recent case of Lillian Ladelev Islington
Borough Council(2008) illustrates the difficulty of resolv-
ing conflicting rights in the context of claims of dis-
crimination. Ladele, a registrar of births, marriages and
deaths, was required to provide registration services for
civil partnerships, which had recently been introduced.
The Council argued that it had a legal duty to offer such
a service to same-sex couples. Ladele did not wish to
be involved in the provision of this particular service
because it conflicted with her Christian faith. The Council
claimed that her position discriminated against gay people,
while she counterclaimed that she was the victim of
religious discrimination. Ladele instituted legal proceed-
ings. The employment tribunal upheld her claim. The
Council has expressed an intention to appeal against this
decision.Age discrimination
Matters arising appear at p 525.Enforcement
As regards enforcement, if an unlawful act of discrimina-
tion is committed by an employee such as a personnel
officer, the employer is held responsible for the act along533