Religion or belief is a protected characteristic under the Equality Act. The protected characteristic of religion or belief includes any religion and any religious or philosophical belief. It also includes a lack of any such religion or belief.
For example, Christians are protected against discrimination because of their Christianity and non-Christians are protected against discrimination because they are not Christians, irrespective of any other religion or belief they may have or any lack of one.
‘Religion’ means any religion. The term religion includes not only the main religions in the UK such as Buddhism, Christianity, Hinduism, Islam, Judaism, and Sikhism, but also other faiths such as Jainism and Zoroastrianism. It is for the courts to determine what constitutes a religion. Note that Sikhs and Jews are also protected under the Act by the protected characteristic of race by virtue of their ethnicity.
A religion need not be mainstream or well known to be afforded protection. However, it must have a clear structure and belief system. Denominations or sects within religions, such as Methodists within Christianity or Sunnis within Islam, may be considered a religion for the purposes of the Act.
‘Belief’ means any religious or philosophical belief and includes a lack of belief.
‘Religious belief’ goes beyond beliefs about and adherence to a religion or its central articles of faith and may vary from person to person within the same religion.
A belief which is not a religious belief may be a philosophical belief. Examples of philosophical beliefs include Humanism and Atheism. A belief need not include faith or worship of a God or Gods, but must affect how a person lives their life or perceives the world. For a philosophical belief to be protected under the Act, it must:
- be genuinely held
- be a belief and not an opinion or viewpoint based on the present state of information available
- be a belief as to a weighty and substantial aspect of human life and behaviour
- attain a certain level of cogency, seriousness, cohesion and importance
- be worthy of respect in a democratic society, not incompatible with human dignity and not conflict with the fundamental rights of others.
Facts & Figures
The 2001 Census identified 8.6 million people (15%) in Great Britain who said they had no religion. Christianity is the main religion, with 41 million people. Muslims were the largest non-Christian religious group with 1.6 million people - and their profile shows a young, tightly clustered, but often disadvantaged, community.
There were 41 million Christians in 2001, making up almost three quarters of the population (72%). This group included the Church of England, Church of Scotland, Church in Wales, Catholic, Protestant and all other Christian denominations.
About 1/20 or 5% of the population belonged to a non-Christian religious denomination.
There were 1.6 million Muslims living in Britain in 2001. This group comprised 3% of the total population and over half (52%) of the non-Christian religious population.
Hindus were the second largest non-Christian religious group. There were over half a million Hindus (558,000), comprising 1% of the total population and 18% of the non-Christian religious population.
There were just over a third of a million Sikhs (336,000), making up 0.6% of the total population and 11% of the non-Christian religious population.
There were just over a quarter of a million Jewish people (267,000), constituting 0.5% of the total population and 9% of the non-Christian religious group.
Buddhists numbered 149,000 people in 2001, comprising 0.3% of the population of Great Britain.
In England and Wales, 151,000 people belonged to religious groups which did not fall into any of the main religions. The largest of these were Spiritualists (32,000) and Pagans (31,000), followed by Jain (15,000), Wicca (7,000), Rastafarian (5,000), Bahá'ì (5,000) and Zoroastrian (4,000).
Looking at pay gaps by religion across Britain, recent evidence indicates there are no significant differences between men of different religious groups, with the exception of Muslims. Muslim men experienced a pay gap of 17% compared to White British men in 2004-07, while Jewish men were the highest average earners experiencing a pay premium of 37%. Overall, all women consistently earn less than men (apart from Jewish women) with Muslim and Sikh women faring least well, with pay gaps of 22% in 2004-07. (EHRC Triennial Review 2010)
Useful Links
Advisory Conciliation Arbitration Service (ACAS)
Equality and Human Rights Commission
Forum Against Islamophobia & Racism
Home Office Equalities information
This information is provided by the Employers Network for Equality and Inclusion. To find out more about the enei, go to www.enei.org.uk.