Religion or Belief Discrimination Employment Tribunal Claim (2026 Guide)

In short: Form ET1 is the claim form used to bring a religion or belief discrimination claim to the Employment Tribunal under the Equality Act 2010, which protects any religion, philosophical belief, or the lack of belief. You must complete ACAS early conciliation before filing, and your particulars of claim must identify your belief, the chronology, the type of discrimination (direct, indirect, harassment or victimisation), and the remedy sought. eLitigant drafts your ET1 from your own facts — or checks the draft you have written — for £30, working from your own documents.

If your employer has treated you unfavourably because of your religion, religious belief, or philosophical belief — or because you hold no belief at all — you have the right to bring a claim to the Employment Tribunal. Religion or belief is a protected characteristic under the Equality Act 2010, and the protection extends further than many people realise. It covers not just mainstream religions but also smaller faith groups, philosophical beliefs such as veganism or environmentalism, and the absence of belief. This guide explains the law, how to complete your ET1, and what to expect at each stage of the tribunal process.

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When Do You Need to File a Religion or Belief Discrimination Claim?

You should consider filing an ET1 when your employer has treated you less favourably because of your religion or belief (or lack of belief), and you have been unable to resolve the matter through internal grievance procedures or ACAS early conciliation.

Common situations that lead to a religion or belief discrimination claim include:

• Dismissal — being sacked because your employer disapproves of your religion or belief, or because you requested time off for religious observance
• Refusal to accommodate religious practice — your employer refusing reasonable requests relating to prayer times, religious dress, dietary requirements, or religious holidays
• Recruitment discrimination — not being hired because of your religion, belief, or visible religious practice (such as wearing a headscarf, turban, or cross)
• Disciplinary action — being disciplined for expressing a belief, wearing religious clothing, or requesting accommodation
• Denial of promotion or training — being passed over because of your religion or belief
• Harassment — offensive remarks, jokes, or behaviour directed at your religion or belief, including mockery, hostile questioning, or being pressured to abandon your faith
• Victimisation — being subjected to a detriment because you raised a religion or belief discrimination complaint or supported someone else’s complaint
• Constructive dismissal — where your employer’s failure to accommodate your religion or belief, or its tolerance of harassment, made your position untenable

You do not need any minimum period of employment to bring a discrimination claim. Claims can also be brought by job applicants who were discriminated against during recruitment.

Before filing your ET1, you must complete ACAS early conciliation. This is a mandatory legal requirement. Since December 2025, the ACAS conciliation period has been extended to 12 weeks. You will need your ACAS certificate number before you can submit your claim. Our ACAS early conciliation guide explains how to notify ACAS and what happens during the conciliation window.

What a Religion or Belief Discrimination Claim Involves

Religion or belief discrimination claims are governed by the Equality Act 2010. Section 10 defines religion and belief as a protected characteristic. The protection covers:

• Religion — any religion, including the major world religions and smaller or less well-known religious groups, provided the religion has a clear structure and belief system
• Religious belief — belief in the tenets of a religion
• Philosophical belief — a belief that is genuinely held, relates to a weighty and substantial aspect of human life, has a certain level of cogency, seriousness, cohesion, and importance, and is worthy of respect in a democratic society. Beliefs that have been accepted include ethical veganism, environmentalism, gender-critical beliefs, and anti-fox-hunting beliefs
• Lack of belief — atheism and agnosticism are also protected

The types of discrimination recognised by the Equality Act are:

Direct discrimination (section 13): Your employer treated you less favourably than it treats, or would treat, someone who does not hold your religion or belief (or who holds a different religion or belief), and the reason for the treatment was your religion or belief. Unlike age discrimination, direct religion or belief discrimination cannot be justified — if it happened, it is unlawful.

Indirect discrimination (section 19): Your employer applied a provision, criterion, or practice (a PCP) to everyone, but it put — or would put — people who share your religion or belief at a particular disadvantage compared with people who do not share it, and it put you personally at that disadvantage. The employer can defend the claim by showing the PCP was a proportionate means of achieving a legitimate aim. Common PCPs that give rise to indirect religion or belief discrimination include uniform policies, shift patterns that conflict with religious observance, and blanket bans on religious dress or symbols.

Harassment (section 26): Unwanted conduct related to your religion or belief that had the purpose or effect of violating your dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment.

Victimisation (section 27): You were subjected to a detriment because you did a protected act — such as raising a religion or belief discrimination complaint, giving evidence in proceedings, or making an allegation of discrimination. If the detriment followed a disclosure about wrongdoing more broadly, that may instead be a whistleblowing claim — see Form ET1: whistleblowing claims.

The Question of Reasonable Accommodation

Although the Equality Act 2010 does not impose a specific statutory duty to make “reasonable adjustments” for religion or belief in the way it does for disability, the concept of reasonable accommodation plays a significant role in indirect discrimination claims. If your employer applies a blanket policy that disadvantages people of your religion or belief, the question of whether the employer could have accommodated your needs without undue difficulty is directly relevant to whether the policy is justified.

For example, if your employer operates a strict uniform policy that prevents you from wearing a religious head covering, the tribunal will examine whether the employer could reasonably have permitted an exception. If the employer cannot show a legitimate aim for the policy, or cannot show the policy is proportionate, the claim will succeed.

In practice, employers who refuse reasonable requests for religious accommodation — such as flexibility for prayer times, permission to wear religious clothing, or the ability to swap shifts for religious holidays — frequently find that their policies amount to unjustifiable indirect discrimination.

The European Convention on Human Rights (Article 9, freedom of religion) also applies through the Human Rights Act 1998, particularly in claims against public sector employers. This adds an additional layer of protection.

How to Complete Your ET1 for Religion or Belief Discrimination: Step by Step

Step 1 — Confirm Your Personal and Respondent Details

Enter your full name, date of birth, address, and contact information in section 1 of the ET1. In section 2, enter the respondent’s details — normally your employer. Use the exact registered company name (check Companies House) and the correct address. If your claim is also against an individual — such as a manager who harassed you — they can be named as a second respondent.

Step 2 — Confirm Your Employment Details

State whether you are currently employed, formerly employed, or making a claim as a job applicant. Enter your start date, end date (if applicable), job title, and pay details. Religion or belief discrimination claims can be brought by employees, workers, and job applicants — there is no minimum service requirement.

Step 3 — Select the Correct Type of Claim

In the “Type of Claim” section, tick “Equality Act (including equal pay)” and confirm you are bringing a claim for religion or belief discrimination. If you are also bringing other claims — unfair dismissal, other types of discrimination, or breach of contract — tick those as well.

Step 4 — Write Your Particulars of Claim

This is the section that defines your case. The tribunal will base its understanding of your claim on what you write here, so take time to get it right.

• Identify your religion or belief. State clearly what religion you follow or what philosophical belief you hold. If your belief is a philosophical one, explain what it involves and why it meets the criteria in Grainger plc v Nicholson [2010] ICR 360.
• Describe the chronology of events. Set out what happened, when, and who was involved. Be specific — use dates, names, and precise descriptions of what was said or done.
• Identify the type of discrimination. State whether your claim is for direct discrimination, indirect discrimination, harassment, or victimisation (or a combination).
• For direct discrimination, identify the comparator — someone of a different religion or belief (or no belief) who was treated more favourably in the same or similar circumstances.
• For indirect discrimination, identify the PCP — the specific policy, criterion, or practice — and explain the disadvantage it caused to people who share your religion or belief.
• Explain the link to your religion or belief. It is not enough to describe bad treatment. You must explain why you say the treatment was because of your religion or belief.

Step 5 — State the Remedy You Are Seeking

The tribunal can award:

• Compensation — for financial losses (lost earnings, pension loss, benefits) and injury to feelings (assessed using the Vento bands, currently approximately £1,200 to £58,700, with higher amounts in exceptional cases)
• A declaration — confirming that discrimination took place
• A recommendation — that the employer take steps to reduce the effect of the discrimination

Specify the remedy you are seeking. If claiming financial losses, either provide a figure or state that you will prepare a detailed Schedule of Loss.

Step 6 — Submit Your ET1

Review all sections before submitting online via the Employment Tribunal Service. You will receive an acknowledgment and a case number. Keep this safe for all future correspondence.

Key Deadlines

If there is any doubt about whether the extended 6-month deadline under the Employment Rights Act 2025 applies to your claim, file within the current 3-month time limit.

What Happens After You File

After your ET1 is accepted, the tribunal sends a copy to the respondent, who has 28 days to file an ET3 response. A case management order will set out directions for the case, including disclosure of documents, exchange of witness statements, and the preliminary hearing.

At the preliminary hearing, the tribunal will clarify the legal issues, set a timetable, and decide any preliminary matters — including whether the claim was filed in time and whether the claimant’s belief qualifies for protection under section 10 of the Equality Act 2010. If the respondent disputes that your belief is protected, this may be decided as a preliminary issue.

Before the final hearing, you will need to prepare a trial bundle and exchange witness statements. At the final hearing, both parties present evidence, witnesses are cross-examined, and the tribunal makes its decision.

Religion or belief discrimination cases can attract significant compensation. There is no statutory cap on discrimination awards. Injury to feelings awards are common, and in cases involving serious harassment or dismissal, they can be at the higher end of the Vento bands. Quantify what your claim is worth in a schedule of loss — the tribunal will expect one before the remedy stage.

Common Mistakes to Avoid

1. Missing the time limit. The clock starts from the act complained of, not from when you decided it was discrimination. For a series of acts forming a continuing course of conduct, time runs from the last act. Do not assume an extension will be granted — file within the 3-month limit unless the ERA 2025 extended deadline clearly applies to your situation.
2. Not establishing that your belief qualifies for protection. For philosophical beliefs, you must demonstrate that the belief meets the criteria set out in Grainger plc v Nicholson. A personal opinion or political preference may not qualify. The belief must be genuinely held, relate to a weighty aspect of human life, and be worthy of respect in a democratic society.
3. Confusing a personal preference with a protected belief. Support for a particular football team, a general dislike of certain practices, or transient opinions are unlikely to qualify. The tribunal will examine whether your belief has the necessary cogency, seriousness, cohesion, and importance.
4. Failing to identify the PCP for indirect discrimination. You must name the specific provision, criterion, or practice that put people of your religion or belief at a disadvantage. A general complaint about unfairness is not sufficient.
5. Not completing ACAS early conciliation. Your ET1 will be rejected without a valid ACAS certificate number. Start the process early — the 12-week conciliation period (since December 2025) provides meaningful time for negotiation.
6. Vague particulars of claim. The tribunal needs precise facts — dates, what was said, who was involved, what decisions were made. Avoid vague statements such as “I was treated badly because of my beliefs.”
7. Naming the wrong respondent. Check your contract and Companies House. If you worked through an agency or for a subsidiary, name the correct legal entity.
8. Overlooking a harassment claim. Many religion or belief cases involve comments, jokes, or behaviour that amounts to harassment under section 26. Consider whether this applies alongside any direct or indirect discrimination claim.

The Rules That Apply

The primary legislation governing religion or belief discrimination claims is:

• Equality Act 2010, section 10 — defines religion or belief as a protected characteristic
• Equality Act 2010, section 13 — direct discrimination
• Equality Act 2010, section 19 — indirect discrimination
• Equality Act 2010, section 26 — harassment
• Equality Act 2010, section 27 — victimisation
• Equality Act 2010, section 39 — application to employees and applicants
• Equality Act 2010, Schedule 9, paragraph 2 — limited exception for organised religions with compliance or non-conflict requirements
• Employment Tribunals Act 1996, section 18A — ACAS early conciliation requirement
• Employment Rights Act 2025 — from October 2026, extends time limits from 3 months to 6 months
• Human Rights Act 1998 / ECHR Article 9 — freedom of thought, conscience, and religion (particularly relevant for public sector employers)

Key case law includes Grainger plc v Nicholson [2010] ICR 360 (the test for philosophical belief), Eweida v United Kingdom [2013] ECHR 37 (the right to wear a cross at work), Casamitjana v League Against Cruel Sports [2020] ET (ethical veganism as a protected belief), and Forstater v CGD Europe [2021] EAT (gender-critical beliefs as a protected belief).

Related Court Forms & Guides

• Form N260: Statement of Costs — the costs schedule used at summary assessment.
• Form N244: Application Notice — the form for interim applications.
• Start a Money Claim Online (OCMC) — where most civil money claims begin.
• Particulars of Claim — setting out the basis of your claim.
• Civil Court Forms Index — every civil court form guide in one place.

How Chris Can Help

Religion or belief discrimination claims require careful legal framing. You need to establish that your religion or belief qualifies for protection, identify the correct legal route (direct discrimination, indirect discrimination, or harassment), and present the facts in a way that meets the statutory test.

Chris can draft your ET1 particulars of claim to a professional standard, ensuring your religion or belief is clearly described, the factual timeline is coherent, the correct legal provisions are engaged, and any indirect discrimination PCP is precisely identified. Chris also helps you prepare your Schedule of Loss and ensures your claim covers both financial losses and injury to feelings.

Self-represented litigants bring successful religion or belief discrimination claims to the Employment Tribunal regularly. With the right preparation, you can present a strong case without instructing a solicitor.