Direct Discrimination means that workers or job applicants must not be treated less favourable then others because they follow ,are perceived to follow,or do not follow a particular (or any) religion or belief.
For example it is unlawful to:
- Decide not to employ someone
- Dismiss them
- Refuse to provide them with training
- Deny them promotion
- Give them adverse terms and conditions
because of their religion or belief.
So, whilst the Regulations do not require employers automatically to grant all requests for leave for religious observance employees could be guilty of discrimination if they refuse individual requests simply because of an employees religion or belief (or failure to follow a particular religion or belief.)
Case Study 1
6 internal candidates apply for a promotion to the post of night shift supervisor. One of the applicants, although he has all the skills and competencies required for the job is not selected for interview because he is a Janis. This is direct discrimination.
Case Study 2
At interview it becomes evident that a job applicant is married to a Jew. Although she has all the skills and competencies required of the job, she is not appointed because her husband is a Jew. This is direct discrimination.
Case Study 3
A small but expanding stationary supplier decides to recruit a third shop assistant/storekeeper. A Rastafarian applicant who has all the skills and competencies required for the job is appointed, but paid a lower wage than his colleagues because he is a Rastafarian. This is direct discrimination.