Religion and belief: access to goods, facilities and services

Religion and belief: access to goods, facilities and services - This page provides an overview of the main concepts and articles of the religion and belief equality legislation. The advice here is provided in detail because DIALOG has not yet published separate guidance on this legislation.

Introduction - Part 2 of the Equality Act 2000 came into effect on 6 April 2007 and makes it unlawful to discriminate on grounds of religion or belief
* in the provision of goods, facilities and services
* in the disposal and management of premises
* in education
* in the exercise of public functions
Unlawful discrimination is: a) Discrimination against a person because of their religion or belief

b) Discrimination against a person because of a perceived religion or belief – the discriminator perceives a person to have a particular religion or belief and discriminates because of it, whether that perception is correct or not. For instance, a service provider may presume someone belongs to a particular religion because of their appearance. If the person is denied access, s/he will still have suffered detriment ‘on the grounds’ of religion even if the perception of the discriminator was a mistaken perception.

c) Discrimination against someone because of someone else’s belief – for instance, someone is refused a service not because s/he belongs to a religion but because the person with them belongs to that religion.

d) Discrimination against someone because they have the same religion or belief – for example, it is unlawful for a Christian service provider to discriminate against a fellow Christian, or for a Muslim service provider to discriminate against a fellow Muslim because of their religion.

Discrimination in part 2 does not include acts by a service provider motivated by their own religion. If a religious service provider refuses to provide a particular service to a woman because that would conflict with the religion of the service provider, the woman cannot use part 2 of the Equality Act to challenge this. She would have to seek an alternative legal remedy. The focus in part 2 of the Act is on the religion or belief of the person being discriminated against, not the religion or belief of the discriminator.

Forms of discrimination - The following forms of discrimination are unlawful if carried out on grounds of religion or belief:

a) Direct discrimination – treating a person less favourably, on grounds of religion or belief, than you treat or would treat others in the same or equivalent circumstances.

b) Indirect discrimination – the application of a provision, criterion or practice which, although it is applied equally to everybody, puts people of a particular religion or belief at a disadvantage (eg in some religions the burial of the dead must take place without delay. If burial services provided by an authority are closed to everyone on Saturdays and Sundays, everyone is treated the same, but people of particular faiths may be singularly disadvantaged). A person must actually have suffered a real disadvantage, not just a hypothetical one, when compared to some or all persons not of her religion or belief.

As is the case with discrimination law related to race and gender, indirect discrimination might not be unlawful if the service provider can ‘reasonably justify’ having the provision, criterion or practice. The explanatory notes issued with the Equality Act suggest two potential justifications: (i) matters of health and safety, or (ii) matters of business efficiency.

c) Victimisation – treating someone less favourably because they have made a complaint under Part 2, or because they have supported someone else making a complaint  (such as giving evidence or information), or because they intend to do so. It is also victimisation to treat someone less favourably because they are suspected of doing these things and even if the suspicion is wrong. It is not unlawful to discriminate against someone who has made a maliciously false allegation under part 2.

d) Discriminatory advertisements – publishing or causing to be published an advertisement that indicates an intention to discriminate in a way that is unlawful under part 2.

e) Instructing or causing discrimination – instructing or otherwise causing another person to discriminate in a way, which is unlawful under part 2.

What does ‘religion or belief’ mean? The definition of religion or belief under part 2 is wider than the definition provided in the Employment Equality Regulations (Religion or Belief) 2003. The new definition has four strands: 1. 'religion' means any religion
2. 'belief' means any religious or philosophical belief
3. a reference to religion includes a reference to a lack of religion
4. a reference to belief includes a reference to lack of belief

In the Employment Regulations 2003, 'religion' or 'belief' encompasses any religious belief or similar philosophical belief. In the new definition, beliefs do not have to be philosophically ‘similar’ to religious beliefs. The explanatory notes, published with the Equality Act, advise that the religion or belief ‘must have a clear structure and belief system.’

It specifies: the Baha’i faith, Buddhism, Christianity, Hinduism, Islam, Jainism, Judaism, Rastafarianism, Sikhism and Zoroastrianism. Denominations or sects in a religion are also religions, eg Catholics or Protestants in Christianity. In terms of beliefs, Humanism or atheism are likely to be included. Political beliefs are specifically excluded. Regardless of the explanatory notes, the courts will ultimately be responsible for interpreting the meaning of religion or belief.

Goods, facilities and services - The Act makes it unlawful for a person involved in providing goods, facilities or services to discriminate on grounds of religion or belief. Such discrimination may involve:
* refusing to provide a person with goods, facilities or services if they would normally do so to the public, or a section of the public to which the person belongs

* providing goods, facilities or services of an inferior quality than those which would normally be provided, or in a less favourable manner, for example hostile or less courteous, or on less favourable terms than would normally be the case
Discrimination is unlawful whether or not a charge is made for the goods, facilities or services concerned. The Act does not require anyone to start providing goods, facilities or services that they do not normally provide.

For example, this means that if hot meals are already provided in a school, the schools may need to adapt their service for children from different faiths. If a school does not already provide a hot meals service they do not have to introduce one for any group.

Public functions - Any public function exercised by a public authority must be free from discrimination on grounds of religion or belief. This includes goods, facilities and services provided as a public function. There are a number of exceptions, including judicial and legislative functions, some education functions and some immigration functions.

Part 2 applies whether or not a public function is provided directly or indirectly by the public authority itself. The public authority must ensure that anybody providing a public function on its behalf as its agent doesn’t discriminate. Some exceptions may be permissible, for example where a public authority contracts a faith-based organisation to provide a service for members of that faith because the religion in question prevents them from using the authority’s generic service providers. However, the authority is required to ensure that, through one provider or another, all those to whom it has a responsibility have access to a similar level of service, regardless of their religion or belief.

Exceptions for religion or belief organisations - Exceptions apply where the purpose of an organisation is to: * practice, advance or teach a religion or belief
* enable people to receive some benefit, or to carry out some activity within the framework of a religion or belief or
* maintain good relations between persons of different religions or beliefs

The exceptions include: a) Restriction of membership and participation in activities of the organisation, eg humanist societies can restrict membership to humanists only.

b) Restriction of the use of its premises if that restriction is imposed for the purpose of the organisation, or to avoid causing offence – on grounds of the religion or belief to which the organisation relates – to persons of that religion or belief. For example, this would enable a church organisation to refuse to hire their church hall to other religious groups. If the sole or main purpose of the organisation is commercial, however, these exceptions do not apply to it.

Exceptions for charities The Act allows that if a charity is set up with the intention of providing a benefit to members of a particular religion or belief community, it may continue to do so, provided the charitable instrument of the charity gives reason to impose such a restriction.

Exceptions for faith schools - Schools with a religious ethos can restrict the provision of goods, facilities and services, or restrict the use or disposal of their premises, to ensure that the tenets of the schools faith are not conflicted.

Premises Section 46 of the Act prohibits discrimination in relation to the disposal or letting of premises and the treatment of tenets.

Further Information - The full Equality Act 2006 Explanatory Notes can be accessed through the Office of Public Sector Information website. The Department for Communities and Local Government issued further general guidance on its website in Autumn 2006. http://www.idea.gov.uk/idk/core/page.do?pageId=5145558