Handshakes could lead to ëreligious biasí cases, employers told

CIPD Law at Workô Annual Employment Law Conference
2 July 2003, Queen Elizabeth II Conference Centre, London
Job interviewers should not necessarily expect all job interviewees to shake hands as it could cause offence. Insisting on a handshake could leave the interviewerís organisation open to a claim of discrimination, according to a new report from people management experts, the Chartered Institute of Personnel and Development.

The report, Tackling Religious Discrimination: An introduction to the law, also warns that serving alcohol without a non-alcoholic option at work functions could invite a claim under new European laws to come into effect later this year.

To comply with EU law, the UK must introduce new legislation on religious discrimination by 2 December 2003 to make it illegal to discriminate on the grounds of ìreligion or beliefî in the workplace. The CIPD has published guidance to encourage employers to think about the complexities and to help them recognise the need for action.

The Employment Equality (Religion or Belief) Regulations will be covered at the CIPDís Annual Employment Law Conference this week (2 July). The briefing document, commissioned by the CIPD, cites possible claims that could be brought unless the legislation is clarified. The implications for employers are enormous given that compensation awarded to an employee (or would-be employee) who wins his or her case is unlimited.

One particular problem facing employers is the potentially wide definition of what amounts to a belief.

Dianah Worman, CIPD Adviser, Diversity comments, ìThe Government needs to produce guidance as quickly as possible to address many of the concerns highlighted in the report. With just six months left before the regulations become law, the clock is ticking loudly for those organisations wishing to prepare for such a major and far-reaching piece of legislation.î

Worman continues, ìWe could see animal rights activists bringing a case if they are not considered for a job at an animal-testing lab, for example. Similarly, anti-abortionists could sue if not taken on by an abortion clinic on the grounds of their beliefs. Even religious bodies such as churches could find themselves before an employment tribunal if they are unable to substantiate ëgenuine occupational requirementsí to recruit people of certain faiths or beliefsí.î
The report makes the following four key recommendations to ensure that UK organisations do not fall foul of the law:

Ask employees what their requirements are, and where appropriate, whether they would like to set up an advisory body on religion and belief.
Review all policies and procedures, from recruitment to appraisal and leave arrangements.
Give managers diversity training and provide them with guidelines on how to deal with workplace issues.
Ensure that dignity at work policies cover harassment on the grounds of religion or belief and that these are drawn to the attention of all employees.

As managers consider the taxing scenarios that currently look possible, John Monks, recently appointed general secretary of the European Trade Union Confederation, will defend the tranche of labour regulations coming out of Europe. He is to give a keynote conference address entitled: ìWhy British bosses should learn to love social Europeî.