New laws could give BNP members employment rights

New employment laws that came into force today could pave the way for political activists – including members of the British National Party (BNP) - to bring religious discrimination claims in the workplace, experts have warned.

Stuart Chamberlain, an adviser at Consult GEE, an employment consultancy, said that following changes to the Employment Equality (Religious or Belief) Regulations 2003: “Employers need to tread carefully as the potential to discriminate has widened. From today, the regulations will mean that refusing to employ someone or treating an employee differently because of their philosophical beliefs could result in a discrimination claim," he said.

The relevant change concerns the statutory definition of “religion or belief”. Under the previous laws, this was defined as “any religion, religious belief or similar philosophical belief.” However, from today, the word “similar” will be removed with the definition amended to “any religion, or religious or philosophical belief.”

The change means that members of the BNP, such as Mr Baggs, whose religious discrimination claim against a medical practice that refused to interview him failed, could now be successful. Lawyers for Mr Baggs claimed that he was entitled to protection under religious discrimination laws because his membership of the BNP amounted to a “similar philosophical belief” to a religion or other religious belief.

However, the claim was dismissed after the employment tribunal ruled that the word “similar” meant that the philosophical belief in question must be similar in nature to a religious belief and that membership of the BNP did not meet this test. But according to Cath Thorpe, an employment partner at Reynolds Porter Chamberlain: “Under the amended regulations, the Baggs case may well have been decided differently.”

Other lawyers warned the amendment could extend to cover those with other beliefs.

Audrey Williams, an employment expert at Eversheds, said: “While this is a relatively minor amendment to the regulations, there could be far-reaching consequences. For example, it is possible that due to the changes, people who adhere to any shared, philosophical belief system such as animal rights activism or Marxism could also be protected from workplace discrimination.”

However, Consult GEE’s Mr Chamberlain said there are circumstances where it remains possible for an employer to discriminate on the grounds of belief.

“The regulations include a safety net of genuine occupational requirements to avoid situations where it would be unrealistic to expect an employer to not be able to discriminate on the grounds of religious or other belief. For example, a socialist publication is likely to be able to appoint a columnist with socialist views and not fear a discrimination claim from applicants of other political leanings.”

Times Online