Buddy says: The Racial and Religious Hatred Act 2006 (“the Act”), came into force on 1 October 2007. It amends the Public Order Act 1986 and creates a new offence of stirring up hatred on the grounds of a person's religion. If found guilty, the offence is punishable by an unlimited fine or prison sentence of up to seven years.

Employer information: Whilst the Act creates a criminal rather than a civil offence, an act of religious discrimination in the workplace could also amount to an offence under the Act. The meaning of “religious hatred” means hatred against a group of persons defined by reference to religious belief or lack of religious belief.  Prior to the Act, only Jews and Sikhs were protected by the provisions of incitement to racial hatred. The law is now extended to protect followers of all religions.

What type of behaviour could be deemed an act intended to stir up religious hatred? Well, someone who uses threatening words or behaviour, or displays any written material which is threatening, would be guilty of an offence it they intend to stir up religious hatred. Also, a person who publishes or distributes written material which is threatening to the public or section of the public would also be guilty, as well as a person distributing, showing or playing a recording, or broadcasting a programme involving threatening visual images or sounds.

Where it is shown that the offence was committed with the consent or connivance of a director, manager, secretary or other similar officer of a corporate body, then both the individual and the corporate body would be guilty of the offence. Employers should ensure that relevant policies and procedures are in place, so that employees are clear about their responsibilities in relation to their treatment of fellow colleagues under the new Act and the criminal sanctions that exist. Employers wishing to avoid potential claims should ensure that effective monitoring of information systems is undertaken and training given on relevant legislation regarding religious observance.

For further information regarding this issue, please see the buddy factsheet entitled “Religious Observance”.