I suspect I have not been recruited because of my religion. What can I do?

It is against the law to refuse you employment because of your religion or belief. The only exception to this protection is where there is some reason connected with the job itself, or the nature of the job requires a person of a particular religion or belief. This is known as a n “occupational requirement” . Any occupational requirement linked to religion should have been clearly spelled out in the job profile or application form when you applied for the role. Guidance from the Equality and Human Rights Commission says the employer should have included a clear explanation as to why information about your religious beliefs was needed, together with an assurance that the information would be treated in the strictest confidence.

Questions about religion must only be asked where they reflect a clear occupational requirement for the post and should ask for only as much information as it needed to establish that an applicant can comply.

There is guidance on the limits of the occupational requirement exemption in the context of religious observance in Chapter 13 of the Equality and Human Rights Commission Statutory Code of Practice (PDF). These limits are very narrow. For example, it might be lawful for an employer with a particular religious ethos to insist on an applicant with a particular religion belief to fill a role that involves promoting or sharing religious teachings, but not to fill a role that does not involve this, such as working as a secretary or a caretaker.

If you suspect you have been turned down for the role because of your religious beliefs (or lack of belief), you may want to write to the employer to ask for their reasons for not giving you the job. This may help you to decide whether to pursue the matter further and may provide evidence if you do so. If you want to discuss your concerns, you can call the government-funded Equality Advisory and Support Service , or the Acas helpline . Both resources are free.

You may decide to bring an employment tribunal claim. The deadline for bringing such claims is very short – just three months from the date of refusal – and it is strictly enforced. The first step in bringing any claim is to submit an Acas early conciliation notification form to Acas.