Tolerance isn't enough

Many housing providers include religion in their equal opportunities policies. But few have got to grips with the implications of the Employment Equality (Religion or Belief) Regulations 2003, which come into force next Tuesday. Asra Greater London Housing Association is one that has – we have been addressing the practical and cultural issues of religious diversity for years.

Few associations would consciously discriminate against an employee on the grounds of his or her religion, but the new legislation goes much further than that. It outlaws discrimination on the grounds of "religion, religious belief or other similar philosophical belief".

This wider definition encompasses more than mainstream religions: it includes particular beliefs within a religion (for example, Methodists or Shi'a Muslims) and faiths such as Scientology, druidry and paganism. The precise boundaries will be resolved by the courts over time, but some have even suggested that pacifism and vegetarianism are philosophical beliefs akin to a religious system under this new law.

Ignorance isn't bliss
The new law will prohibit direct and indirect religious discrimination and harassment and victimisation. Indirect discrimination is likely to be the biggest issue.

This can arise without any intention on the part of the employer – but ignorance is no defence. Businesses must stop policies or practices that apply to all staff but disadvantage those of a particular religion or belief, unless that practice can be justified. Justification will require the employer to show that the practice is a "proportionate means of achieving a legitimate aim". However, this is likely to be a fairly strict test. An organisation will need to show the aim is both relevant and reasonable, striking a balance between the discriminatory effect and the organisation's legitimate needs.

Many of these practices are so ingrained that some employers see them as "how things are" rather than pursuits that can be modified. A Monday-to-Friday working week, a day of rest at the weekend, Monday morning blues and dress-down Fridays may be part of life for many, but they sit uneasily with Islamic prayer times, the Jewish Sabbath and Poya days for Sri Lankan Buddhists.

Other practices that should be examined include requirements to work during religious festivals, the food and food storage provided at work. If there is a fridge at work, should you have separate shelves to avoid pollution by pork? Should there be separate fridges?

However, flexibility and accommodating others won't be enough. There is a bigger challenge. The secular majority (or, as the 2001 census suggests, the Christian majority) may need to change its behaviour.

How far is far enough?
We all know that religious jokes can be offensive and, although they probably have greater currency now than racist jokes, employers will find it relatively easy to stamp them out. But there are less obvious sources of concern.

For instance, some religions find tight-fitting Western clothes "immodest" and offensive. Should we require staff who feel this way to work in an environment they find offensive? And what about swearing? Swearing is offensive to many religious people, but an everyday event in working life. Should we censure hard-pressed frontline housing officers driven to cussing by a work crisis or a crashed computer system?

The issues can also go beyond this to serious concerns about discrimination. As in most businesses, alcohol plays a role in the housing sector, from a quick drink after work to the Christmas party and networking at conferences. If your religion forbids alcohol or encourages temperance and you avoid these events, could it affect your prospects of promotion? Is it an answer to provide soft drinks too, or is this is the equivalent of putting up sexist posters at work and telling women they don't have to look at them?

Flexibility and accommodating others won’t be enough – the secular majority may need to change its behaviour

The regulations also cover data protection. To what extent should registered social landlords collect and monitor data on applicants and employees' religious beliefs? There is no formal requirement to do this.

Our solution
Under the new law, all these practices are potentially discriminatory. To tackle these issues, flexibility and a willingness to accommodate religious diversity are needed. Asra's approach addresses the cultural and religious sensitivities of both staff and customers and although it may not be perfect for your organisation, it is an example of how things can be done.

Asra's staff understand its customers' religious practices, calendars and the implications these have for services. For example, at one of the landlord's sheltered schemes, six different religions are followed. Staff take account of religious festivals' relevant dates, not only for celebrants but also for those of different faiths.

Employees are able to participate fully in religious activities during working hours. This is as much a part of life at Asra as an employee taking a coffee break or going for a smoke at other companies. At an organisational level, the different needs of staff members have to be balanced, to ensure service delivery remains intact and that some do not face an unfair burden. The approaches and practices pioneered by Asra to nurture employees' religious beliefs include:

• customary or traditional dress is permitted during office hours
  
• alcoholic drinks are prohibited except on official occasions involving external stakeholders, or with the consent of those affected
  
• halal meat options are provided for staff seminars and board meetings. Egg-free cakes and vegan options are also provided
  
• events on Fridays, an important prayer day in Islam, and on key religious calendar dates are avoided or, if unavoidable, appropriate facilities for prayer and breaking fasts are provided
  
• there is a quiet room with no pictures or decorations at head office for prayers, and people of all faiths are allowed to use it
  
• some employees take Fridays as annual leave on an irregular basis for religious reasons. Staff have also taken longer periods of time off to celebrate religious events abroad or undertake pilgrimages
  
• time off is granted for prayers, and special consideration given when staff are fasting for festivals such as Ramadan or Navratri. Managers are asked to take extra care to ensure fasting staff are in good health
  
• a flexitime system for employees means they can come early and leave early to join their families in fast-breaking
  
• offices are closed for the Christmas period, but staff of other religions are allowed to take annual leave during their religious periods
  
• staff get a "personal day" as leave, which can be used during any time of the year, for religious or other purposes
  
• we have consulted unions over data protection and will be talking to staff about whether or not we should collect data on religion.

This is not an exhaustive list, but it illustrates some of the challenges organisations will face in balancing competing needs following the law change.

Asra has been working on these issues for a long time. It tries to balance cultural and religious needs with operational demands to deliver effective services. Of course, we continue to learn and refine our approach. One issue we are planning to consider again, for instance, is the office "shut down" over Christmas.

Perhaps the most important thing is not to make assumptions about individuals. Not all followers of a particular religion will worship in the same way. It is important to create a culture where staff feel confident when raising issues – they should be encouraged to do so if they are negatively affected.

Training is also important. Human resources departments should understand the issues that followers of particular religions are likely to face. Individual managers should be aware of the issues and look further if appropriate. In its code of practice, the Advisory, Conciliation and Arbitration Service has included a useful appendix on particular religious traditions. The BBC also offers a lot of detailed and useful information.

Many employers will say they are interested in what their staff do, not what they believe. This simplistic view may be about to change.