New 'religion and belief' regulations come into effect

Part two of the Equality Act applies to England, Scotland and Wales from 30 April, outlawing such discrimination whether because of a person's "real" or "perceived" religion or belief, or their lack of religion or belief.

As such, businesses will not be able to refuse to supply their normal service to someone because of their religion or belief. Indirect discrimination - treating someone with a particular belief more or less favourably than others - is also outlawed.

Other aspects covered by the regulation include victimising someone complaining about such discrimination, advertising in a way which shows an intention to discriminate unlawfully, and "causing" discrimination.

The regulations also prohibit discrimination on the basis of the religion or belief of someone else with whom a person is associated, such as a friend or member of their family.

There are certain exceptions under the new rules, such as those acting on behalf of organisations with the purpose of practicing, "advancing" or teaching a particular religion, or those using a skill in a certain way for a single religion - for example preparing only halal or kosher food.

Guidance available

The Department for Communities and Local Government (DCLG) said that the concepts of religion and belief in the Equality Act would be interpreted by the courts with reference to relevant case law and the European Convention on Human Rights.

"This will mean that in order to attract protection under the Act, a religion or belief should attain a certain level of cogency, seriousness and cohesion, and not be incompatible with human dignity," it said.

Part three of the Equality Act also comes into effect today, outlawing discrimination in the provision goods, facilities and services on the grounds of sexual orientation.

The DCLG has produced guidance relating to both parts of the Act, which can be downloaded from its website - see links above/right.

A spokesperson for the Government department said: "The guidance which accompanies the regulations make it clear that businesses simply need to provide services in a non-discriminatory way - like the vast majority already do.

"Discriminating does not make good business sense and most businesses have already taken steps to make sure that they treat everyone fairly. The new regulations are very similar to existing anti-discrimination measures that provide protection from race and sex discrimination in service provision."

Employment change

Meanwhile, a minor amendment to the Employment Equality (Religion or Belief) Regulations, made under Section 77 of the Equality Act, also comes into effect today.

Here, the definition of 'religion or belief' is altered from "any religion, religious belief or similar philosophical belief" to "any religion, or religious or philosophical belief" - removing the word "similar.

Although only a small change, it has been suggested by some that this has the potential to open up the laws on discrimination to include political beliefs.

Audrey Williams, of law firm Eversheds said: "While this is a relatively minor amendment to the regulations, there could be far-reaching consequences."