28 Exceptions for purposes of religion

(1)

Nothing in section 22 shall prevent different treatment based on sex where the position is for the purposes of an organised religion and is limited to one sex so as to comply with the doctrines or rules or established customs of the religion.

(2)

Nothing in section 22 shall prevent different treatment based on religious or ethical belief where—

(a)

that treatment is accorded under clause 47 of Schedule 6 of the Education and Training Act 2020; or

(b)

the sole or principal duties of the position (not being a position to which clause 47 of Schedule 6 of the Education and Training Act 2020 applies)—

(i)

are, or are substantially the same as, those of a clergyman, priest, pastor, official, or teacher among adherents of that belief or otherwise involve the propagation of that belief; or

(ii)

are those of a teacher in a private school; or

(iii)

consist of acting as a social worker on behalf of an organisation whose members comprise solely or principally adherents of that belief.

(3)

Where a religious or ethical belief requires its adherents to follow a particular practice, an employer must accommodate the practice so long as any adjustment of the employer’s activities required to accommodate the practice does not unreasonably disrupt the employer’s activities.

Compare: 1977 No 49 s 15(6), (7)

Section 28(2)(a): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Section 28(2)(b): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).