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Job, religion and references

Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
in Work & Study
I made a phone call on Thursday enquiring about a job and received the application form this morning.

I now have a few problems:
1) Job asks for references from a minster. I am not religious; nor do I know a minister.
2) Job asks various other questions regarding religion.

I have nothing against religion (Job is admin in a care home) and am slightly concerned that my views (or lack of - have no interest in religion whatsoever) are going mean I don't get the job.

What do I do? Aside from the issues mentioned above, it's a job that I wouldn't mind doing.

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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Are you sure that the references can include a minister, or have to be a minister?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    It says has to be a minster, plus 2 other referees.

    It says on the form "this post also requires a minister's reference. Please give details".
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Does the care home have some sort of religious link?!
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Kat_B wrote: »
    Does the care home have some sort of religious link?!

    Yes it does. Don't understand at all why this was never mentioned in the job description.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    It wouldn't be because it's not part of the job responsibilities.

    They are obviously looking for someone who is going to be able to talk with the residents on an equal religious footing. Can you do that?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Slartibartfast wrote: »
    They are obviously looking for someone who is going to be able to talk with the residents on an equal religious footing. Can you do that?

    Are they allowed to do that?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I think so but can't remember because it's run by the Church
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I don't think they are allowed to refuse you the job because you don't follow their religion. I had a interview recently that was with part of the church, and used religion as a means to helping people (homelessness, drug addictions etc). The role was administration, but they weren't allowed to discuss my religious beliefs or ask for them on paper, so I never.

    They would probably get away with it only because they could say that religion is a big part of their work, so they'd need someone who has the knowledge, rather than the belief. But of course you wouldn't know if they refused the job for you based on your lack of belief.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    An employer is entitled to discriminate during the recruitment process if there is a clear business case for doing so. If the job responsibilities involve caring for the care home residents then it would probably be reasonable to ask for a religious background, but for an administrator I think they would struggle to justify religious discrimination. It should be sufficient for you to be able to work as a team and have respect for their beliefs, even if you do not share them.

    If I were you I'd give the Equality and Human Rights Commission a call to seek their advice. Their employment advisers are excellent.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Another approach might be to give the employer a call and ask the question, as there isn't a minister who knows you to give a reference, what would they like instead. That would cover the practical question before starting to look at the equality of it all. There might not actually be a problem if they say, that's ok, just get a character reference from someone else.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Arctic Roll wrote: »
    If the job responsibilities involve caring for the care home residents then it would probably be reasonable to ask for a religious background, but for an administrator I think they would struggle to justify religious discrimination. It should be sufficient for you to be able to work as a team and have respect for their beliefs, even if you do not share them.

    According to the job description, I'll have nothing to do with the residents. It's basically being an assistant to the manager.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Arctic Roll wrote: »
    An employer is entitled to discriminate during the recruitment process if there is a clear business case for doing so. If the job responsibilities involve caring for the care home residents then it would probably be reasonable to ask for a religious background, but for an administrator I think they would struggle to justify religious discrimination. It should be sufficient for you to be able to work as a team and have respect for their beliefs, even if you do not share them.

    If I were you I'd give the Equality and Human Rights Commission a call to seek their advice. Their employment advisers are excellent.
    That's a bit ridiculous. They can't discriminate just because they're a religious org. Why can't they accept her beliefs and hire her if she is the most suitable for the job, even if they don't share them?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    JavaKrypt wrote: »
    That's a bit ridiculous. They can't discriminate just because they're a religious org. Why can't they accept her beliefs and hire her if she is the most suitable for the job, even if they don't share them?

    if they can justify it, it's not discrimination.
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    Olly_BOlly_B Posts: 222 Trailblazer
    Hi Melian,

    As JavaKrypt says, an employer can only discriminate on religious grounds where it's an occupational requirement. Otherwise you'd be able to become a vicar without being religious.

    As Arctic Roll suggests, the EHRC is a good source of advice here. Their website says:
    If you are a religion or belief organisation, you may be able to say that a job requires a person doing the job to hold a particular religion or belief if, having regard to the nature or context of the job, this is an occupational requirement and it is objectively justified.

    Source (under 'Exceptions that only apply to some employers')

    It'd be worth checking whether this is a requirement, and if they believe it is, asking where in the job specification they demonstrate the occupational requirement.

    Olly
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