All organisations which provide services to the public, whether large or small, are subject to fair employment law and should not discriminate or harass on the grounds of a person’s religious belief or political opinion.
As a provider of goods, facilities and services you have a responsibility to ensure that your employees do not discriminate against individuals. An employee who discriminates on religious belief/political opinion grounds will usually be regarded as acting in the course of their employment, even if you have issued express instructions not to discriminate. This is called “vicarious liability”.
However, in legal proceedings against a service provider based on the actions of an employee, it is a defence that the service provider took, ‘such steps as were reasonably practicable’ to prevent such actions. Reasonable steps would include having an equality policy, communicating it to staff and implementing it effectively. It is not a defence for the service provider simply to show that the action took place without its prior knowledge or approval.
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The provision of goods, facilities and services
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Access to and use of any place which members of the public are permitted to enter
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Accommodation in a hotel, boarding house or other similar establishment
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Facilities by way of banking or insurance or for grants, loans or finance
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Facilities for training
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Facilities for entertainment, recreation or refreshment
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Facilities for transport or travel
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The services of any profession, trade or business open to the public
It is also unlawful, on the grounds of race or ethnic or national origin, for a service provider to harass a person to whom it provides goods, facilities or services or to harass someone who seeks to obtain any of these goods or services.
It is unlawful for anyone selling, letting or managing property or premises (including land) to discriminate on grounds of religious belief and political opinion. For example,it would be unlawful for a landlord to refuse to rent or to evict someone on the basis of their religious belief and political opinion.
For example:
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A landlord agrees to rent a house to Peter and his family. He changes his mind when he realises Peter is not the same religion as he is. The landlord’s treatment is likely to amount to direct religious discrimination.
It is also unlawful to apply discriminatory practices, publish discriminatory advertisements, instruct or put pressure on a person to do anything contrary to the law by discriminating in employment or other fields, or to knowingly aid another person to carry out such acts.
Yes. As a service provider you are legally responsible for the actions your employees in the course of their employment. An employee who discriminates against a customer will usually be regarded as acting in the course of their employment, even if you have issued express instructions not to discriminate. This is called “vicarious liability”.
However, in legal proceedings against a service provider based on the actions of an employee, it is a defence that the service provider took 'such steps as were reasonably practicable' to prevent such actions. Reasonable steps would include having an equality policy which covers the provision of goods, facilities or services which is communicated to staff and implemented effectively. It is not a defence for the service provider simply to show that the action took place without its knowledge or approval.
There are some exceptions to the general principles of discrimination on the grounds of religious belief/political opinion:
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Employment or occupation as a clergyman or minister of a religious denomination
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Employment or occupation where the essential nature of the job requires it to be done by a person holding,or not holding,a particular religious belief or political opinion
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Recruitment of teachers in schools
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Access to training facilities in certain circumstances where the employer is taking lawful affirmative action
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Selection for redundancy in certain circumstances where an employer is taking lawful affirmative action
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Measures to encourage applications from an under-represented community where the employer is taking lawful affirmative action
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Recruitment from the unemployed
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Benefits conferred by charities on persons of a particular religious belief or political opinion
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Acts done under statutory authority in the provision of goods,facilities or services or premises
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Acts done to safeguard national security or to protect public safety or public order