TN92 How genuine are your GORs?

These notes were first published on this website in April 2016 and last updated in February 2024

Synopsis

Many churches advertise staff posts saying there is a 'Genuine Occupational Requirement' for the post-holder to be a Christian. But can they justify that? Perhaps not.

These notes examine the Equality Act 2010 to see what the exemptions are that allow such an Occupational Requirement (the word 'Genuine' was omitted in 2010 although used in the earlier 2003 Regulations) and how Employment Tribunals interpret the Act. The notes then apply this to administrative posts in a church, including the context for the worker.

There is advice on how to set up a post so that an OR might be justified (although the default for administrative posts is that it is not). There is a list of general actions to take to support this. This is followed by a listing of practical steps you need to take, including the correct wording to use in job advertisements, job descriptions, etc. if you believe you can justify an OR.

Three websites are recommended for further information.

These notes were updated in February 2024 with minor amendments to the layout.