PROTECTION AGAINST DISCRIMINATION AT WORK ON GROUNDS OF RELIGION OR BELIEF.

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1 TSSA Rep s Bulletin Ref: EMP/044/JUNE 2004 PROTECTION AGAINST DISCRIMINATION AT WORK ON GROUNDS OF RELIGION OR BELIEF. From 2 December 2003, when the Employment Equality (Religion or Belief) Regulations came into force, it became unlawful to discriminate against workers because of religion or similar belief. They make it unlawful on the grounds of religion or belief to: discriminate directly against anyone. That is, to treat them less favourably than others because of their religion or belief; discriminate indirectly against anyone. That is, to apply a criterion, provision or practice which disadvantages people of a particular religion or belief unless it can be objectively justified; subject someone to harassment. Harassment is unwanted conduct that violates a person s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment having regard to all the circumstances and the perception of the victim; victimise someone because they have made or intend to make a complaint or allegation or have given or intend to give evidence in relation to a complaint of discrimination on the grounds of religion or belief; discriminate or harass someone in certain circumstances after the working relationship has ended. Religious Observance The Regulations do not say that employers must provide time and facilities for religious or belief observance in the workplace. However, employers should consider whether their policies, rules and procedures indirectly discriminate against staff of particular religions or beliefs and if so whether reasonable changes might be made. Many religions or beliefs have special festival or spiritual observance days. A worker may request holiday in order to celebrate festivals or attend ceremonies. An employer should sympathetically consider such a request where it is reasonable and practical for the employee to be away from work, and they have sufficient holiday entitlement in hand. While it may be practical for one or a small number to be absent it might be difficult if numerous such requests are made. In these circumstances the employer should discuss the matter with the employees affected, and with recognised trade unions, with the aim of balancing the needs of the business and those of other employees. Employers should carefully consider whether their criteria for deciding who should and who should not be granted leave may indirectly discriminate. ACAS are advising employers and unions to be sensitive to the requirements of some employees who wish to take time off for religious festivals. TSSA representatives should consider pressing their employers to review their policies, rules and procedures, in light of the regulations. Attached is a list of religious festivals in 2005 which negotiators will find useful. The details are taken from the Interfaith Calender website which provides a very useful reference source: The site also provides definitions of all the main festivals listed. 1

2 2005 Calendar of Religious Festivals January Mary, Mother of God - Catholic Feast of St Basil - Orthodox Gantan-sai (New Years) - Shinto Twelfth Night - Guru Gobindh Singh birthday - Sikh Epiphany - Feast of the Theophany - Orthodox Nativity of Christ - Orthodox Baptism of the Lord Jesus - Maghi - Sikh World Religion Day - Baha'i 9 Waqf al Arafa - Islam 9-22 Hajj - Islam -24 Id al Adha - Islam New Years (3 days) ** - Tu B'shvat * - Jewish February 2005 Presentation of Jesus in the Temple - Candlemas - St Brighid of Kildare - Celtic Imbolc (Candlemas) - Wicca Four Chaplains Sunday - Interfaith Transfiguration Sunday - Nirvana Day - Shrove Tuesday - Maha Shivaratri ** - Hindu - March 19 Lent - Ash Wednesday - 0 Hijra - New Years - Islam 3 Vasant Panchami ** - Hindu 4 St Valentine's Day - 9 Ashura - Islam Triodion - Orthodox Holi ** - Hindu March 2005 St David of Wales - Meat Fare - Orthodox Four Chaplains Sunday - /Jewish Interfaith 5 Lent begins (Clean Monday) - Orthodox 7 St Patrick's Day - Palm Sunday - Orthodox Sunday - Orthodox Norooz (The New Day) - Zoroastrian Nau-Roz (New Year's Day - Baha'i Ostara - Wicca Maundy Thursday - 2

3 April 2005 Purim * - Jewish Good Friday - Annunciation of the Blessed Virgin Mary - Catholic Magha Puja Day ** - Khordad Sal (Birth of Prophet Zaranhushtra) Zoroastrian Easter - (Gregorian Calendar) -18 Ramayana ** - Hindu 4 or 13 Baisakhi (Vaisakhi) * - Sikh 6 Lord's Evening Meal - Jehovah's Witness 8 Ramanavami ** - Hindu Mawlid an Nabi - Islam -May 2 Ridvan - Baha'i 3 Lazarus Saturday - Orthodox -May 1 Pesach (Passover) * - Jewish Palm Sunday - Orthodox Wesak - Buddha Day - Holy Friday - Orthodox 30 St James the Great Day - Orthodox May 2005 Easter/Pascha Orthodox (Julian calendar) Beltane - Wicca June 2005 Ascension of Christ - Yom Hasho'ah- Jewish Pentecost - Trinity - Declaration of the Bab - Baha'i Buddha Day - Visakha Puja ** - Corpus Christi - Catholic Ascension of Baha'u'llah - Baha'i 3 Sacred Heart of Jesus - Catholic Ascension - Orthodox 3-14 Shavuot * - Jewish 5 Corpus Christi - Catholic 6 Installation of Scriptures as Guru - Sikh 9 Pentecost - Orthodox New Church Day - Swedenborgian First Nations Day - Canadian Native People Litha - Wicca All Saints - Orthodox Feast Day of Saints Peter and Paul - 3

4 July Martyrdom of the Bab - Baha'i St Benedict Day - Catholic Ulambana (Obon) ** - Asalha Puja Day ** - Hindu Pioneer Day- Mormon St. James the Great Day - August Lammas - Lughnassad (Lammas) * - Wicca/Neo Pagan Fast in honor of Holy Mother of Lord Jesus - Orthodox Transfiguration of the Lord - Orthodox Tisha B'av * - Jewish Assumption of Blessed Virgin Mary - Catholic Dormition of the Theotokos - Orthodox Raksha Bandhan ** - Hindu Krishan Jayanti ** - Hindu Beheading of St John the Baptist - September Ecclesiastical Year begins - Orthodox Lailat al Miraj - Islam Ganesh Chaturthi ** - Hindu 4 9 Nativity of Mary - Elevation of the Life Giving Cross - Orthodox Holy Cross Day - Lailat al Bara'ah - Islam Fall Equinox - Wicca Michael and All Angels - October St Francis Day - Catholic Ramadan begins (continues through November 3) - Islam 4-5 Rosh Hashanah * - Jewish 4-12 Navaratra Dashara ** - Hindu 2 Dasera ** - Hindu 3 Yom Kippur * - Jewish 8 St Luke, Apostle & Evangelist (18-19 Primary Obligation days) Sukkot * - Jewish Birth of the B'ab - Baha'i Guru Tegh Bahadur Martyrdom - Sikh Shemini Atzeret * - Jewish Simhat Torah * - Jewish 8 Milvian Bridge Day - Quds Day - Islam 30 Laylat el qadr - Islam 31 All Hallows Eve - Reformation Day - Protestant Samhain - Wicca 4

5 November All Saints' Day - Diwali (Deepevali) - Hindu All Souls' Day - Catholic Eid al Fitr - Ramadan ends - Islam 2 Birth of Baha'u'llah - Baha'i 5-Dec 24 Nativity Fast - Orthodox Christ the King - Thanksgiving - Interfaith Day of Covenant - Baha'i Advent - First Sunday - -January 2 Hanukkah * - Jewish 8 Holy Family - Catholic Holy Innocents - Notes: 1. * Holy days usually begin at sundown the day before this date. 2. ** Local or regional customs may use a variation of this date. December ,11,18 Sundays of Advent continue - Bodhi Day (Rohatsu) ** - Immaculate Conception - Catholic 2 Feast day - Our Lady of Guadalupe - Catholic Yule - Winter Solstice - Wicca Christmas * - Feast of the Nativity - Orthodox Zarathosht Diso (Death of Prophet Zarathushtra Zoroastrian St Stephen's Day - - January 1 Kwanzaa - Interfaith 5