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Equality Act 2010

Effect

794.This paragraph allows an employer with an ethos based on religion or belief to discriminate in relation to work by applying a requirement to be of a particular religion or belief, but only if, having regard to that ethos:

  • being of that religion or belief is a requirement for the work (this requirement must not be a sham or pretext); and

  • applying the requirement is proportionate so as to achieve a legitimate aim.

795.It is for an employer to show that it has an ethos based on religion or belief by reference to such evidence as the organisation’s founding constitution.

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