The Employment Equality (Religion or Belief) Regulations 2003

JurisdictionUK Non-devolved
CitationSI 2003/1660
(1) These Regulations may be cited as the Employment Equality (Religion or Belief) Regulations 2003, and shall come into force on 2nd December 2003.(2) These Regulations do not extend to Northern Ireland.(1) In these Regulations, “religion or belief” means any religion, religious belief, or similar philosophical belief.(2) In these Regulations, references to discrimination are to any discrimination falling within regulation 3 (discrimination on grounds of religion or belief) or 4 (discrimination by way of victimisation) and related expressions shall be construed accordingly, and references to harassment shall be construed in accordance with regulation 5 (harassment on grounds of religion or belief) .(3) In these Regulations—on grounds of religion or belief, A treats B less favourably than he treats or would treat other persons; orwhich puts or would put persons of the same religion or belief as B at a particular disadvantage when compared with other persons,which puts B at that disadvantage, andwhich A cannot show to be a proportionate means of achieving a legitimate aim.(2) The reference in paragraph (1) (a) to religion or belief does not include A’s religion or belief.(3) A comparison of B’s case with that of another person under paragraph (1) must be such that the relevant circumstances in the one case are the same, or not materially different, in the other.brought proceedings against A or any other person under these Regulations;given evidence or information in connection with proceedings brought by any person against A or any other person under these Regulations;otherwise done anything under or by reference to these Regulations in relation to A or any other person; oralleged that A or any other person has committed an act which (whether or not the allegation so states) would amount to a contravention of these Regulations,(2) Paragraph (1) does not apply to treatment of B by reason of any allegation made by him, or evidence or information given by him, if the allegation, evidence or information was false and not made (or, as the case may be, given) in good faith.violating B’s dignity; orcreating an intimidating, hostile, degrading, humiliating or offensive environment for B.(2) Conduct shall be regarded as having the effect specified in paragraph (1) (a) or (b) only if, having regard to all the circumstances, including in particular the perception of B, it should reasonably be considered as having that the arrangements he makes for the purpose of determining to whom he should offer employment;in the terms on which he offers that person employment; orby refusing to offer, or deliberately not offering, him the terms of employment which he affords him;in the opportunities which he affords him for promotion, a transfer, training, or receiving any other benefit;by refusing to afford him, or deliberately not affording him, any such opportunity; orby dismissing him, or subjecting him to any other detriment.(3) It is unlawful for an employer, in relation to employment by him at an establishment in Great Britain, to subject to harassment a person whom he employs or who has applied to him for employment.that provision differs in a material respect from the provision of the benefits by the employer to his employees; orthe provision of the benefits to the employee in question is regulated by his contract of employment; orthe benefits relate to the termination of that person’s employment by the expiration of any period (including a period expiring by reference to an event or circumstance) , not being a termination immediately after which the employment is renewed on the same terms; andto the termination of that person’s employment by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the employer.regulation 6(1) (a) or (c) does not apply to any employment;regulation 6(2) (b) or (c) does not apply to promotion or transfer to, or training for, any employment; andregulation 6(2) (d) does not apply to dismissal from any employment,being of a particular religion or belief is a genuine and determining occupational requirement;it is proportionate to apply that requirement in the particular case; andthe person to whom that requirement is applied does not meet it, orthe employer is not satisfied, and in all the circumstances it is reasonable for him not to be satisfied, that that person meets it,being of a particular religion or belief is a genuine occupational

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