The colleague, Carl Wint, is not a follower of voodoo. However, he brought a tribunal claim which argued that as a follower of Christianity, he was offended by the comment and that the comment was targeted at him as he is a black Jamaican, where the claimant added that voodoo was prevalent.
Although the tribunal found that the claimant was not harassed, it did determine that voodoo does constitute a protected practice. The judge added that a belief solely in voodoo dolls is not protected, as they are misrepresented in popular culture.
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For Marie van der Zyl, employment partner at Keystone Law, the case exemplifies ongoing confusion and nuances around what constitutes a protected belief at work, what behaviour might be covered by a policy and what might fall into legal discrimination.
Speaking to HR magazine, she said: “The case underscores the complexities of defining religious beliefs in law, and the fine line between workplace sensitivity and legal discrimination.”
“While ruling that voodooism is protected, the tribunal noted that belief in voodoo dolls alone is not, as they stem from misrepresentation in popular culture."
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Sandeep Leighs, employment partner at law firm, Shakespeare Martineau, added that employers should also understand that the Equality Act extends beyond traditional religions. “There does not have to be a central text for a set of beliefs to qualify as a religion [that is protected]; what is key is whether there are clear teachings that followers live their lives by,” she told HR magazine.
Leigh added that business leaders could take into account non-mainstream beliefs within wider equity, diversity and inclusion (EDI) training.
She said: “Employers may want to err on the side of caution and make it clear in their policies and training that beliefs where there are clear teachings dealing with divinity and spirituality qualify as a religion and as such are protected under the law.”
