Equality Bill
Schedule 9 — Work: exceptions
Part 1 — Occupational requirements

Other requirements relating to religion or belief

Clause 3

A person (A) with an ethos based on religion or belief does not contravene a provision mentioned in paragraph 1(2) by applying in relation to work a requirement to be of a particular religion or belief if A shows that, having regard to that ethos and to the nature or context of the work—
(a) it is an occupational requirement,
(b) the application of the requirement is a proportionate means of achieving a legitimate aim, and
(c) the person to whom A applies the requirement does not meet it (or A has reasonable grounds for not being satisfied that the person meets it).

Explanatory Notes on Clause 3

Other requirements relating to religion and belief: paragraph 3
Effect
748. This paragraph allows an employer with an ethos based on religion or belief to discriminate in relation to work by applying a requirement to be of a particular religion or belief, but only if, having regard to that ethos –
• being of that religion or belief is a requirement for the work (this requirement must not be a sham or pretext); and
• applying the requirement is proportionate so as to achieve a legitimate aim.
749. It is for an employer to show that it has an ethos based on religion or belief by reference to such evidence as the organisation’s founding constitution.
Background
751. This paragraph is designed to replicate the effect of provisions in current legislation.
Example
• A religious organisation may wish to restrict applicants for the post of head of its organisation to those people that adhere to that faith. This is because to represent the views of that organisation accurately it is felt that the person in charge of that organisation must have an in-depth understanding of the religion’s doctrines. This type of discrimination could be lawful. However, other posts that do not require this kind of in-depth understanding, such as administrative posts, should be open to all people regardless of their religion or belief.