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What a difference a word makes

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A one-word change to the Employment Equality (Religion or Belief) Regulations comes into force today (April 30) – and it could mean that political activities will be included in the law’s scope.

Previously, the regulations applied only to philosophical beliefs that were ‘similar’ to a religion or a religious belief. Now the Equality Act 2006 has amended the regulations so the word ‘similar’ has been removed.

The one-word change means that the religion or belief regulations now apply to “any religion, religious belief or philosophical belief”. The idea is to provide protection to non-believers but it re-opens the debate about political activities.

Back in 2005, Mr Baggs, an active member of the British National Party, tried to argue that he was discriminated against when he wasn’t called for interview by a medical practice.

Although the tribunal accepted the BNP was a ‘peculiar’ political party because it limits its membership, it was very clear that membership of a political party does not count as a philosophical belief that is similar to a religion.

During the debates on the Equality Act, the House of Lords was aware of the difficulties that not including the word ‘similar’ could produce.

Baroness Miller of Hendon said: “It is clear that, while it is true that every religious belief is based on some sort of philosophy, not every philosophy is religious. Marxism is a philosophy, as was national socialism. Those two examples alone should demonstrate the need to ensure that the sort of philosophy we wish to protect is a religious one.”

The same House of Lords debate suggested the meaning of belief should be aligned to case law under the European Convention on Human Rights which suggests that the beliefs covered under the legislation are those which amount to “a world view or life stance”.

The question for future tribunal cases is whether a life stance also includes politics.

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One Response

  1. Cult status?
    Does this mean I have to defer to the Scientologists?

    Is atheisism a belief system?

    Confused more than ever……

    Juliet

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