Dropsafe

by Alec Muffett

Can “Faith” legally be part of a job specification in the UK? I think not… /ht @putt1ck /cc @compassionuk #sitp

Via Twitter I ran into this job specification:

http://www.compassionuk.org/employment-it-director-2012-08

We have an exciting vacancy for the role of IT Director which is a key post within the management structure of Compassion UK.

This position would suit an individual with an excellent working knowledge of current computer technologies and at least three years’ experience of IT management in supporting a Microsoft network small business environment. Experience in/knowledge of Commercial Off the Shelf (COTS) systems implementation and integration is essential. A track record of successfully developing, presenting and driving forward IT strategy throughout multiple levels of an organisation and staff management experience within an IT management position are required.

[…]

There is an occupational requirement for the post holder to have a personal commitment to the Christian faith as functions within this role will be promoting the organisation’s Christian Ethos and enabling people to experience, explore and express the faith-based motivation of our work.

and this one:

http://www.compassionuk.org/employment-digital-communications-specialist-2012-08

We have a new opportunity in our Communications Team for a Digital Communications Specialist.

[…]

There is an occupational requirement for the post holder to have a personal commitment to the Christian faith…

and this one:

http://www.compassionuk.org/employment-supporter-engagement-assistant-2012-08:

We have a new opportunity for a Supporter Engagement Assistant on a fixed term contract in our Supporter Engagement Team.

[…]

There is an occupational requirement for the post holder to have a personal commitment to the Christian faith…

…and in fact a bunch of others.

Unless you’re an actual vicar or ordinand or similar I believe that faith (or lack thereof) is considered a personal matter:

There is no specific list that sets out what religion or belief discrimination is. The law defines it as any religion, religious or philosophical belief. This includes all major religions, as well as less widely practised ones.

You are also protected against discrimination if you do not follow any religion or belief, and your employer discriminates against you because of this. Political beliefs are not counted as a religion or belief.

If you are not sure what counts as a religion or belief under the law, you should seek further advice. In some cases you can apply to an Employment Tribunal to decide if you are being discriminated against for your religion or belief (or lack of religion or belief).

You are protected against discrimination through any recruitment process and in employment, including your terms and conditions of employment, pay, status, training, promotion and transfer opportunities, redundancy and dismissal and benefits such as pensions.

I think that’s pretty clear, and so I believe that the answer is: they can’t do that.

Oops.

⊞

Comments

13 responses to “Can “Faith” legally be part of a job specification in the UK? I think not… /ht @putt1ck /cc @compassionuk #sitp”

  1. Kathy

    Well, it is a Microsoft environment… some faith is probably a valuable attribute.

    Reply
  2. alecm

    ps: in case anyone throws stones, I am an atheist regularly consulted by several churched sorts on technical matters.

    Reply
  3. Kathy

    Meanwhile, I am actually shuddering at the images that “enabling people to experience, explore and express the faith-based motivation of our work.” conjures up. Hallelujahs abound!

    Reply
  4. Jane

    actually Sally says they can – IF they are run by a religious organisation – and as a pagan I’m glad they said it, so I can run a mile if I were tempted to apply…

    Reply
    1. alecm

      Extended thread on twitter, very interesting. Apparently relevance of faith to the role is key.

      http://www.equalityhumanrights.com/advice-and-guidance/your-rights/religion-and-belief/when-does-the-law-allow-religious-discrimination/a-genuine-occupational-requirement/

      Reply
  5. Gary Sereno

    Found my notes from an Interview Certification course I took at RBS (running and scoring competency interviews).

    Religion comes under the 2003 Employment Equality Regulations. It is two parts, the first on sexual orientation, the second on religion and religious beliefs. That part applies to discrimination on grounds of religion, religious beliefs or similar philosophical belief. The regulations covers perceived discrimination as well as actual.

    I believe priestly/rabbinical/mullah type roles get round this as they require actual qualifications, but yes a church can’t hire a secretary and insist they are a Christian.

    Reply
    1. alecm

      ta!

      Reply
  6. Ceri Davies

    Alec has seen my two pennies on twitter but just a note that the relevant legislation is currently the Equality Act 2010 which covers all discrimination, direct or indirect, related to the “protected characteristics” (of which there are more than you might think) and including any philosophical beliefs such as veganism too.

    Reply
  7. Gary Sereno

    Didn’t know about the 2010 act (I took my course in about 2008/9) so don;t know how that now affects things. Certainly for a techie role they can not reject you because you’re an strict Muslim.

    Reply
  8. Dave Walker

    Glad to see confirmation that this is the case. Those ads are rather surprising.

    I also wonder which “the” Christian faith they refer to… it probably varies, across the ads involved…

    Reply
  9. SatanLover

    Maybe I need to apply ? Worshipping Satan should get me in ??

    Reply
  10. Simon

    I believe the key exemptions are for religious appointments – e.g. Priests, and school of a religious character (which doesn’t mean much).

    The school exemption is depressing, it allows schools to employ a second rate head teacher over a better applicant because he or she professes the right “faith” (except of course for secular schools who aren’t allowed, and wouldn’t be allowed to discriminate if they even wanted to).

    I notified Devon County Council that advertising school posts which discriminate on the basis of religion was against their own anti-discrimination policy – but they seem to think because the discrimination is legal it is some how less morally repugnant. I’m guessing no one on their discrimination committee can spell “Berufsbeamtengesetz”.

    Reply
  11. So @compassionuk consider the following jobs to be leadership positions? #faith #law #sitp /cc @RDFRS_UK – dropsafe

    […] my query about their job advertisements, Compassion UK have responded: @alecmuffett It’s because they form part of the decision […]

    Reply

Leave a Reply

Your email address will not be published. Required fields are marked *

More posts