New definition of 'religion or belief' under discrimination law

From 30 April 2007, the Regulations are amended so that the definition of 'religion or belief' is no longer ‘any religion, religious belief or similar philosophical belief’ but ‘any religion, or religious or philosophical belief’.

The removal of the word 'similar' is likely to mean that more individuals are protected from unlawful discrimination under the Regulations. Under the old wording, for example, an employment tribunal in Baggs v Fudge struck out a BNP member’s claim who argued that fascism was a 'similar philosophical belief' – it ruled that the old wording required that the philosophical belief be similar in nature to a religious belief.

The amending wording suggests that if such a claim came before the employment tribunals after 30 April 2007, it could not be struck out in this way. In particular, the amended definition opens the question of whether a political, and indeed many other beliefs will be covered. We will be sure to update members companies if and when case law answers this issue.