CAB ADVICE ON AVOIDING WORKPLACE VICTIMISATION
(29 June 2004)

The Citizens Advice Bureau is urging anyone who has experienced discrimination at work because of their religious beliefs to contact them for free, confidential advice. New legislation designed to extend protection against discrimination, harassment or victimisation by bosses or colleagues in the workplace to cover religion or belief, was introduced at the end of 2003. However, the CAB is concerned that not enough people know about the new legal protection, or even if they do, will not know where they can get help.

The new law aims to give workers rights against bullying or exclusion from employee benefits, training and promotion opportunities on grounds of religion. People are also protected from being turned down for a job or sacked purely on the basis of their faith. The new law also applies to indirect discrimination such as insisting on a certain dress code, which would make it difficult for Muslim women or Sikh men to comply, or refusing reasonable requests for time off to observe religious festivals.

Employees who have good reason to believe they have received less favourable treatment than others at work because of their religious beliefs can make a claim to an employment tribunal.

David Harker, Chief Executive of Citizens Advice, said: "The law has recognised for many years that people should not be treated worse than others because of their sex or race, and more recently that disabled people should be entitled to equal treatment, but it has taken much longer for the law to offer similar protection to people who are discriminated against because of their faith or beliefs."

To help employees, the CAB has compiled a list of top ten tips.

TOP TEN TIPS FOR EMPLOYEES

1. Everyone has a right to be treated with dignity and respect. It is unlawful to discriminate against workers because of religion or similar belief. Harassment, discrimination and victimisation at work and can take many forms including:

• Offensive language, jokes, banter, insults and taunts
• Applying a provision or practice which disadvantages people of a particular religion or belief
• unfair work allocation - being given worst jobs or overloaded compared to others or being denied training or promotion
• unfair complaints
• physical attacks
• being sacked or singled out for redundancy

2. You can be harassed by anyone - your boss, your colleagues, customers, clients and service users. All such incidents are now illegal. There are no excuses.

3. Take action immediately. If you feel able, tell the person to stop. Or write to them and explain that their behaviour is upsetting you and ask them to stop. Let them know you will take the matter further if they carry on. Keep a copy.

4. Keep a diary and record every incident in detail with time and dates.

5. Ask any witnesses to note down what they saw and heard.

6. Contact your union rep or get advice immediately from your local CAB, ACAS or TUC.

7. Report the harassment to your employer, either yourself or through your union rep. A good employer will have agreed equal opportunities and other policies such as anti-harassment with the union. There should be internal procedures for lodging a grievance or a complaint as a first formal step to registering the fact that there is a problem.

8. Whoever you report to must make certain that your complaint is investigated and that something is done about it.

9. Make a record of the date you complained about the harassment, to whom you spoke, what was said and what action was agreed on. This will be important later if you decide to go to an employment tribunal. You and any witnesses have a right not to be victimised for complaining or following up a grievance.

10. Don't give up - get support and good advice. If matters cannot be resolved internally you may need to take your case to an employment tribunal. Remember the burden of proof lies with the employer - they have to prove they have not broken the law but act quickly - remember there are strict time limits within which to make a claim.

People who have suffered from discrimination based on their faith or religion can log onto to www.adviceguide.org.uk to find out more or visit their local CAB.