Employers have just over a month to prepare for the latest batch of anti-discrimination rules which are due to come into force in December.

The new rules - the Employment Equality (Sexual Orientation) Regulations and the Employment Equality (Religion or Belief) Regulations - will from that date make it unlawful to discriminate against workers on the grounds of sexual orientation, religion or belief.

The way in which the rules will work will be familiar to any employer with experience of the current prohibitions on discrimination on the grounds of sex and race. As with these categories, protection will be available not just to employees but to the wider category of 'workers'.

This means that casual workers, agency workers, and self-employed contractors (other than those in business on their own account) will be covered.

Additionally, as is the case with existing law, the protection applies to applicants for employment as well as to those already in work. The rules cover direct discrimination, indirect discrimination and victimisation in the same way as these are dealt with in the existing regimes.

The prohibition on discriminating on the ground of sexual orientation applies to both sexes equally and protects not only homosexuals but also hetereosexuals and bisexuals. It would therefore be equally unlawful to refuse to employ someone because he was heterosexual as it would to refuse to employ him because he was gay.

The rules relating to discrimination on religious grounds perhaps present additional difficulties. Discrimination is unlawful if it is on the ground of any religion, religious belief or similar philosophical belief. As one might predict, those terms are not defined in the legislation and employers will have to wait until courts and employment tribunals have had an opportunity of interpreting them.

A "similar philosophical belief" is capable of a very wide meaning indeed.

Might it extend protection to followers of National Socialism or communism? Would an atheist - someone whose "philosophical belief" is a belief in nothing - be protected?

* Stephen Elliott is a solicitor in the employment team of North-East law firm Ward Hadaway. He can be contacted on 0191-204 4000 or by e-mail at stephen.elliot@wardhadaway.com

Published: 04/11/2003