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How do we manage conflicts of freedom between individuals' rights concerning sexual orientations and religion and belief?

The occurrence of conflicts of freedom between staff or students is a common management fear, but in reality happens rarely.

Staff and students will have a range of views on same-sex relationships and the doctrines of some religions.

  • Institutions have an obligation to promote a healthy, inclusive environment in which to work and study.
  • It is important not to promote (or be seen to be promoting) a hierarchy of equality strands within the workplace.

The Employment Equality (Religion or Belief) Regulations 2003 and the Employment Equality (Sexual Orientation) Regulations 2003 do not seek to infringe anyone’s right to hold personal views regarding sexual orientation or religion and belief. The regulations exist to prevent discriminatory views of religion and belief or sexual orientation (or any other equality strand) being manifested in the workplace in a way that offends, intimidates or humiliates, or is hostile or degrading to others.

ECU recommends that higher education institutions (HEIs) clearly express the responsibilities of managers and staff through training, policy communication and visible implementation, in order to prevent harassment, bullying and discrimination occurring in the workplace. Immediate intervention and communication to staff of acceptable and expected behaviour at work often helps prevent discrimination, bullying and harassment occurring and continuing.

The publication Promoting Good Campus Relations suggests that when addressing conflict, HEIs take into account their obligations in relation to promoting freedom of speech and preventing discrimination on campus, particularly under the Race Relations (Amendment) Act 2000.

There is also reference to hatred on the grounds of religion and belief and sexual orientation within the Racial and Religious Hatred Act 2006 and the Criminal Justice and Immigration Act 2008.

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