Discrimination because of religion or belief - In Scotland

This information applies to England, Wales and Scotland

What is discrimination because of religion or belief

It is against the law to discriminate against someone because of their religion or belief. This applies:

• when you buy or use goods and services
• at work
• in education
• in housing.

Back to top

What does religion or belief mean

You are protected by law from discrimination because of your religion or belief if you:

• belong to an organised religion such as Christianity, Judaism or Islam
• have a profound belief which affects your way of life or view of the world, such as humanism or climate change
• take part in collective worship
• belong to a smaller religion or sect, such as Scientology or Rastafarianism
• have no religion, for example, if you are an atheist.

The law against discrimination because of religion or belief does not cover purely political beliefs such as support for a particular political party.

You are protected if someone discriminates against you because they think you are a certain religion, when you are not. For example, it's against the law for someone to discriminate against you for wearing a headscarf because they think you are a Muslim, even if you are not actually Muslim.

Discrimination by association is also against the law. For example, it is against the law to refuse to let you into a restaurant because of the religion of someone who is with you.

Back to top

What is discrimination

It is discrimination to treat you worse than someone else, just because of your religion or belief. This is against the law. Examples include:

• refusing you a bank loan just because you're Jewish
• refusing to allow you into a restaurant just because you're Muslim
• dismissing you from work just because you're Rastafarian.

It's also against the law if there's a rule, policy or practice which, although not targeted at you personally, puts you at a disadvantage because of your religion or belief. Examples include:

• refusing to allow you into a restaurant if you're wearing a hijab
• requiring all your employees to dress in a particular way if this means they can’t wear an item of clothing they regard as part of their faith.

Sometimes, this type of discrimination is allowed, if there is a justifiable reason for it. For example, it might not be against the law if your employers require you to dress in a particular way for health and safety reasons, even though it might be against your religion.

Victimisation

Discrimination can take the form of victimisation. This is where you're treated worse than someone else because you've complained or taken legal action about religious discrimination. It is also victimisation if you're treated unfairly because you've supported someone else taking action, for example, if you act as a witness in someone else's discrimination case.

Back to top

Physical or verbal abuse because of religion or belief

It's a criminal offence to attack you because of your religion or belief, or because of your lack of religion. This includes both physical and verbal abuse.

Someone is also committing a criminal offence if they stir up hatred of a particular religious group, for example, by publishing or distributing insulting information.

If one of these criminal offences is committed against you or your family, you should report it to the police.

For more information about crimes involving physical and verbal abuse because of your religion, in England and Wales see Racially and religiously motivated attacks, and in Scotland, see Racially and religiously motivated attacks.

Back to top

Religious discrimination in the workplace and training

You are protected from religious discrimination in your workplace. This means you are protected:

• whatever your religion or belief
• whatever your employer's religion or belief
• whether you are already working for your employer
• whether you are applying for a job.

Discrimination at work because of your religion or belief could include:

• dismissing you because of your religion
• advertising for job applicants of one religion only
• requiring you to dress in a certain way, for example, requiring all women to wear a short skirt. This would not be acceptable for women of several different religions
• requiring you not to wear sacred items. For example, if you were required, as a Sikh man, to remove your kara (symbolic bracelet)
• making you work at times that you cannot work because of your religion
• victimisation – see below
• bullying at work because of your religion. This is also known as harassment – see below.

Victimisation at work because of your religion or belief

Victimisation is where you are treated worse than someone else at work because you've complained or taken legal action about religious discrimination. It is also victimisation if you are treated unfairly because you've supported someone else taking action, for example, if you act as a witness in someone else's discrimination case.

Examples of victimisation at work could include:

• being labelled a trouble-maker
• being denied promotion or training opportunities
• being ignored by your work colleagues
• being given a poor reference.

Bullying at work because of your religion or belief

It is against the law for someone to bully you at work because of your religion or belief. This is also known as harassment. The person bullying you may be your employer or it may be a colleague. Someone is bullying you if you find their behaviour towards you offensive, frightening, degrading, humiliating or in any way distressing. It may be intentional or unintentional.

It is also against the law for someone to bully you at work because of your religion or belief, even if they are mistaken about what it is. For example, you are attacked at your workplace by someone who has assumed, wrongly, that you are a Muslim because of your appearance. You will not have to say what your religion actually is in order to do something about this.

What can I do if I am being treated unfairly or bullied at work?

If you are being treated unfairly or bullied at work because of your religion or belief, take action as quickly as possible. You could try:

• telling the person to stop
• telling your manager or someone else higher up in the organisation
• talking to your personnel department or trade union.

If none of these things work, you may wish to raise a grievance and think about making a claim to an employment tribunal.

There are strict time-limits and procedures for making a complaint to an employment tribunal. If you think you may need to do this, you should get advice, for example, from a Citizens Advice Bureau. To search for your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

For more information about what you can do about discrimination because of your religion at work, including making a claim to an employment tribunal, see What can I do if my employer treats me unfairly because of my religion or belief? in Employment fact sheets.

For more information about taking out a grievance at work, see Resolving disputes at work.

Training

It's against the law to refuse to provide training opportunities to you because of your religion or belief, or to provide them in a way which puts you at a disadvantage to other people because of your religion or belief. This includes:

• any training designed to prepare you for employment
• career guidance
• training facilities
• practical work experience provided by an employer to someone who doesn't work for them
• assessing someone for a professional or trade qualification.

Back to top

Religious discrimination by organisations providing goods or services

It's against the law for anyone providing goods or services directly to the public to discriminate because of religion or belief. The law applies to businesses, charities and public bodies such as government agencies, local authorities, education and health facilities.

Discrimination includes:

• refusing to provide goods or services
• discriminating in the way goods or services are provided.

For example, it's against the law for a pub or restaurant to refuse to serve you, or for a hotel to refuse to give you a room because of your religion or what they think your religion is.

It does not matter whether the goods or services are free or if you have to pay for them.

Examples of organisations which provide goods or services include:

• pubs, restaurants and hotels
• shops
• cinemas and theatres
• hospitals and clinics
• estate agents, private landlords and local authority housing departments
• banks, building societies, insurance companies and finance companies
• railway stations, bus stations and airports
• churches and other places of worship
• charities and voluntary organisations
• schools and colleges
• welfare services such as housing advice, day-care or community care.

For more examples of organisations which provide goods and services, see the Equality and Human Rights Commission website at: www.equalityhumanrights.com.

For information about what you can do if an organisation which provides goods or services discriminates against you because of your religion or belief, see under heading What you can do about religious discrimination by someone providing goods or services.

Public authorities

It's against the law for a public authority to discriminate against someone because of their religion or belief while carrying out any of it's functions. Public authorities includes government departments, local authorities, NHS trusts, Local Health Boards, courts and tribunals, police officers and prisons.

There are some exceptions to the rule. For example, it is not against the law for officials dealing with immigration cases to discriminate against you because of your religion.

For information about what you can do if a public authority discriminates against you because of your religion or belief, see under heading What you can do about religious discrimination by someone providing goods or services.

Advertising

With a few limited exceptions, it's against the law to publish an advert for goods or services which discriminates because of religion or belief, or which advertises discriminatory services.

If an advertisement like this is published, the Equality and Human Rights Commission can take court action against the publisher - see under heading Further help.

Back to top

Charities

A charity is allowed to provide services and benefits only for people of a certain religion or belief. This means that they can exclude people of other religions. The aims of the charity must be set out in their constitution or rules. For example, a charity may be set up to provide day-care services for members of the Jewish community. This isn't against the law as long as this is what the charity's constitution says they are doing.

For information about what you can do if a charity discriminates against you because of your religion or belief, see under heading What you can do about religious discrimination by someone providing goods or services.

Back to top

Religious organisations

Certain religious organisations may be allowed to discriminate against people of different religions. This includes faith schools – see under heading Religious discrimination in schools and colleges. The organisation must not be commercial, that is, it must be non-profit-making. The discrimination must be necessary:

• for meeting the organisation's religious aims, or
• to avoid offending those who share its religious aims.

Religious organisations are allowed to discriminate by stopping people of other religions or of no religion:

• from becoming members
• from taking part in the organisation’s activities
• from using the goods and services they offer
• from using their premises.

For information about what you can do if a religious organisation discriminates against you because of your religion or belief, see under heading What you can do about religious discrimination by someone providing goods or services.

Back to top

Welfare services

In certain circumstances, some organisations are allowed to provide welfare services only to people of a particular religion or belief. This includes things like:

• hostel accommodation
• housing advice services
• day care services.

Organisations are allowed to do this where it can be shown that it leads to a greater take-up of the service, or improves service delivery.

Back to top

Religious discrimination in schools and colleges

It's against the law for a school or college to discriminate because of religion or belief when it decides on who should be accepted as a pupil or student. This applies to both state and independent schools and colleges. However, it doesn't apply to faith schools – see Faith schools. Once you have been accepted as a pupil or student at the school or college, it's against the law for them to discriminate against you because of your religion or belief. For example, you can't refuse to let someone be a prefect, give them detention or extra homework just because of their religion or belief.

School uniform

Rules about school uniform must not discriminate against you because of your religion. For example, if you're a young Sikh man, you must be allowed to wear a turban at school as this is part of your faith.

However, this doesn't mean that a school has to allow all items of religious dress. Schools can have a uniform policy which prevents pupils wearing certain things. They might, for example, do this for health and safety reasons.

The curriculum

The law about religious discrimination does not apply to what is taught in schools (the curriculum). For example:

• a school is allowed to teach evolution theories even if these theories go against the religious views of some parents
• it isn't against the law for religious education lessons in schools to teach mainly about Christianity. However, teachers must also take into account the other main religions. This doesn't apply to faith schools.

Collective worship (school assemblies)

In a community or foundation school, acts of collective worship, such as assemblies, must be of a general Christian nature. However, they must not reflect any one particular type of Christianity, for example, Catholicism.

In a faith school, which is a voluntary or foundation school, collective worship must reflect the faith of the school.

Faith schools

There are certain areas of the law about discrimination because of religion and belief which don't apply to faith schools or colleges.

For example, faith schools and colleges have the right to discriminate because of religion when they decide who to accept as a pupil or student. They can choose to give priority to pupils who share their own faith over other pupils. However, it's against the law for them to leave places unfilled if there aren't enough pupils of their own faith to fill them.

Once you have been accepted as a pupil or student at the school or college, it's against the law for them to discriminate against you because of your religion or belief. For example, a Catholic school is not allowed to exclude a pupil who started off as a Catholic and then converts to a different faith.

However, faith schools and colleges are allowed to restrict certain services and benefits that they offer to pupils sharing the faith of the school or college, or can offer them in a different way. For example, faith schools are allowed to:

• organise trips for pupils who follow the faith of the school to their local church or religious shrine. They don't have to organise similar visits for children of other faiths within the school
• say that only pupils who share their faith can read aloud certain religious texts during assembly
• mark or celebrate their own religious events or traditions without having to do the same for children of other faiths within the school.

Taking action against discrimination because of religion or belief in education

You can make a complaint about discrimination by a school, college or Local Education Authority in your local county court (sheriff court in Scotland). However, if you want to do this, there are certain steps you have to follow.

If your complaint is about a state school, you must tell the relevant government department (see below) that you are taking court action. You must do this before taking court action, and you must do it within six months of the date when the discrimination first took place. You must start court action within six months of telling the government department that you are doing this.

If you want to complain about a private school, you should get advice from the Equality and Human Rights Commission first - see under heading Further help.

England and Wales

The Secretary of State
Department for Children, School and Families (DCSF)
Equality Legislation Team
Equality and Diversity Unit
Level 1E
Caxton House
Tothill Street
London
SW1H 9NA
Email: judithbailey@dcsf.gsi.gov.uk
Website: www.dcsf.gov.uk

If the complaint is about a school in Wales, in addition to notifying the Secretary of State at the DCSF, it may also be helpful to contact the Welsh Assembly Government. The contact details are:

Equality Champion
Department for Children, Education, Lifelong Learning and Skills
Welsh Assembly Government
North Core, CP2
Cathays Park
Cardiff
CF14 2QP
Tel: 02920 825822

Scotland

Minister for Education
Scottish Government
Education Department
Victoria Quay
Edinburgh EH6 6QQ
Tel: 0131 556 8400
E-mail: ceu@scotland.gov.uk
Website: www.scotland.gov.uk

For more information about what you can do if a school or college discriminates against you because of your religion or belief, see under heading What you can do about religious discrimination by someone providing goods or services.

If you want to make a complaint about discrimination by a school, college or Local Education Authority, you should get advice from an experienced adviser, for example, at a Citizens Advice Bureau. To search for your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

Back to top

Religious discrimination in housing

It's against the law for someone selling or letting property to discriminate against you because of your religion or belief.

This doesn't apply to property abroad, even if the sale or letting takes place in the UK.

Tenants

Landlords and letting agencies must not discriminate against you because of your religion or belief. This includes private landlords and social landlords such as local councils and housing associations. This means that a landlord or letting agency will probably be breaking the law if, because of your religion or belief they:

• refuse to let a property to you
• give priority to people because of their religion when deciding who to house or re-house
• rent a property to you on worse terms than other tenants
• treat you differently from other tenants in the way you are allowed to use facilities such as a laundry or a garden
• evict or harass you
• charge you higher rent than other tenants
• refuse to carry out repairs to your home.

If your landlord lives in the same property as you, these rules may not apply. If your landlord lives in the same property as you and you think he is discriminating against you, you should get advice from an experienced adviser, for example, at a Citizens Advice Bureau. To search for your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

For more information about what you can do if a landlord or letting agency discriminates against you because of your religion or belief, see under heading What you can do about religious discrimination by someone providing goods or services.

Buying and selling a property

If someone is selling their home through an estate agent, they must not refuse an offer from someone just because of their religion, or offer to sell it to them on less favourable terms. This would be discrimination and it's against the law.

However, someone selling a property directly to you without going through an estate agent can discriminate in this way, as long as they don't advertise the property.

Estate agents

Estate agents aren't allowed to discriminate against you because of your religion. For example, they must not refuse to show you a certain property because the owner doesn't want to sell to Muslims.

If an estate agent discriminates against you for any reason, you can complain to the estate agent's company. If you aren't happy with the outcome, you may be able to make a complaint to the Property Ombudsman.

For more information about the Property Ombudsman, in England, see How to use an ombudsman in England, in Wales, see How to use an ombudsman in Wales and in Scotland, see How to use an Ombudsman in Scotland.

For more information about what you can do if an estate agent discriminates against you because of your religion or belief, see under heading What you can do about religious discrimination by someone providing goods or services.

Mortgage lenders

It's against the law for a mortgage lender to discriminate against you because of your religion or belief. For example, a lender must not refuse to give you a mortgage because of your religion or belief, or give you a mortgage on worse terms than other people of a different religion or belief.

If a mortgage lender discriminates against you for any reason, you can make a complaint to the company concerned. If you aren't happy with the outcome, you may be able to make a complaint to the Financial Ombudsman Service.

For more information about the Financial Ombudsman Service, in England, see How to use an ombudsman in England, in Wales, see How to use an ombudsman in Wales and in Scotland, see How to use an Ombudsman in Scotland.

For more information about what you can do if a mortgage lender discriminates against you because of your religion or belief, see under heading What you can do about religious discrimination by someone providing goods or services.

Back to top

What you can do about religious discrimination by someone providing goods or services

The quickest way to sort out your problem is to put your concerns in writing to the company or organisation involved. Find out if there is a complaints department and send your letter or email there. If there's no complaints department, find out the name of a manager or other senior person responsible for the service which discriminated against you and write to them. Your letter or email should include:

• all the facts, including the date or dates when the discrimination took place
• why you believe discrimination took place
• if there were any witnesses, giving their details
• what you would like the company or organisation to do about the problem
• what you are going to do if the problem isn't sorted out within a certain time-limit.

If this doesn't work, you could try:

• following the company or organisation's formal complaints procedure, if they have one. Most large companies and all public bodies such as local authorities, government departments and health authorities will have formal complaints procedures
• complaining to the ombudsman. All public bodies such as local authorities, government departments, health authorities and social landlords have an ombudsman, as well as financial institutions such as banks and building societies
• taking a case to the county court (sheriff court in Scotland). You must start a case within six months of when the discrimination happened. If you're successful, you might get compensation and the person might be ordered to stop discriminating against you
• report the matter to the Commission for Equality and Human Rights – see under heading Further help.

For more information about ombudsmen, in England, see How to use an ombudsman in England, in Wales, see How to use an ombudsman in Wales and in Scotland, see How to use an Ombudsman in Scotland.

Any course of action may be complicated and may make your life more uncomfortable in the short-term. There may also be costs involved, particularly if you use a solicitor to represent you. If you are thinking about taking legal action, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

Other types of discrimination

As well as discrimination because of your religion, you could be treated unfairly for other reasons, for example, because of your race, disability or because you're a woman.

For example, you're a Turkish Muslim woman and you're sacked because you're pregnant. You may have a claim for race and sex discrimination as well as religious discrimination. If you think you've been treated unfairly for more than one reason, make sure you mention all the reasons if you make a complaint.

For more information about sex discrimination, see Taking action about sex discrimination.

For more information about race discrimination, see Taking action about race discrimination.

For more information about disability discrimination, see Disability discrimination.

For more information about discrimination at work because of your age, see Age discrimination at work.

For more information about discrimination because of your sexuality, see Can I be treated unfairly because of my sexuality? In Discrimination fact sheets.

Back to top

Further help

Equality and Human Rights Commission

The Equality and Human Rights Commission (EHRC)doesn't take individual cases, but should be able to give you some advice. You can contact the EHRC at:

England

Equality and Human Rights Commission Helpline England
Freepost RRLL-GHUX-CTRX
Arndale House
Arndale Centre
Manchester
M4 3AQ

Tel: 0845 604 6610 (Mon-Fri 8.00am-6.00pm)
Textphone: 0845 604 6620
Fax: 0845 604 6630

Email: englandhelpline@equalityhumanrights.com
Website: www.equalityhumanrights.com/our-job/advice-from-our-helpline/

Wales

Equality and Human Rights Commission Helpline Wales
Freepost RRLR-UEYB-UYZL
3rd Floor
3 Callaghan Square
Cardiff
CF10 5BT

Tel: 0845 604 8810 (Mon-Fri 8.00am-6.00pm)
Textphone: 0845 604 8820
Fax: 0845 604 8830

Email: waleshelpline@equalityhumanrights.com
Website: www.equalityhumanrights.com/our-job/advice-from-our-helpline/

Scotland

Equality and Human Rights Commission Helpline Scotland
Freepost RRLL-GYLB-UJTA
The Optima Building
58 Robertson Street
Glasgow
G2 8DU

Tel: 0845 604 5510 (Mon-Fri 8.00am-6.00pm)
Textphone: 0845 604 5520
Fax: 0845 604 5530

Email: scotlandhelpline@equalityhumanrights.com
Website: www.equalityhumanrights.com/our-job/advice-from-our-helpline/

Law centres

A law centre can offer free legal advice if you want to take a case for religious discrimination. If a solicitor from a law centre represents you, you may be entitled to legal aid.. In England and Wales, details of the nearest law centre are available from the Law Centres Federation, and in Scotland from the Scottish Association of Law Centres.

England and Wales

Law Centres Federation
Third Floor
293-299 Kentish Town Road
London
NW5 2TJ
Tel: 020 7428 4400
Fax: 020 7428 4401
E-mail: info@lawcentres.org.uk
Website: www.lawcentres.org.uk

Scotland

Scottish Association of Law Centres
c/o Govan Law Centre
47 Burleight Street
Govan
Glasgow G51 3LB
Tel: 0141 440 2503
E-mail: m@govanlc.com
Website: www.govanlc.com/salc

Free Representation Unit (England)

The Free Representation Unit (FRU) can provide representation for people on a low income and living in the London area. However, the FRU is a voluntary organisation and representation in cases cannot be guaranteed. If you want help from the FRU, you must be referred in writing by an advice agency once the date of a hearing has been set. The agency must be an FRU subscriber. Some Citizens Advice Bureaux (CABx) in the London area are subscribers to the FRU. To search for your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

The FRU can be contacted at:-

6th Floor
289 – 293 High Holborn
London
WC1V 7HZ
Tel: 020 7611 9555
E-mail: admin@freerepresentationunit.org.uk
Website: www.freerepresentationunit.org.uk

Free Representation (Scotland)

There is some free representation available in Scotland for tribunals and courts. It is only available for certain cases and for people on a low income. It is only available through a Citizens Advice Bureau.

To search for your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

Back to top

Bookmark and share

What are these?

Page tools

Rate this Page Add comment

Print this page

Email this page

Please fill your comment: (Optional)

Your name: (Optional)

Your email address: (Optional)

To email address: (Required)

Your name: (Required)

Confirm to email address: (Required)

Your email address: (Required)