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AI scheduling, video interviews and religion or belief at work in Great Britain

Updated

Religion or belief is one of the protected characteristics in the Equality Act 2010, and AI tools at work can touch it in ways that are easy to miss: a rota engine that ignores days of rest, a video interview tool that scores appearance or eye contact, a screen that filters on words in a CV. This page sets out what the Act says and where these tools come in.

The short answer: religion means any religion, and belief means any religious or philosophical belief; both include a lack of religion or belief (s10(1)-(2)). An employer must not treat someone less favourably because of religion or belief (s13(1)), and must be able to justify a rule applied to everyone that puts people of a religion or belief at a particular disadvantage (s19).

What the characteristic covers

  • Religion: any religion, and a reference to religion includes a lack of religion (s10(1)).
  • Belief: any religious or philosophical belief, and a reference to belief includes a lack of belief (s10(2)).
  • Sharing the characteristic: people share it if they are of the same religion or belief (s10(3)).

The Act does not list which philosophical beliefs qualify. So whether a particular belief is covered can depend on the facts.

Direct and indirect discrimination

  • Direct (section 13): treating someone less favourably because of religion or belief, which cannot be justified (s13(1)-(2)). A filter or instruction that screens on religion, or on words chosen because they signal a religion, applies the characteristic itself. See direct discrimination.
  • Indirect (section 19): a provision, criterion or practice applied to everyone that puts people of a religion or belief at a particular disadvantage, and the individual at that disadvantage, unless the employer shows it is a proportionate means of achieving a legitimate aim (s19). See indirect discrimination.
  • Where it applies: section 39 covers recruitment arrangements, offers, terms, promotion, training, dismissal and other detriment (s39).

Where AI tools come in

  • Shift scheduling: a rota engine that allocates shifts without taking account of requests linked to days of rest, prayer times or religious festivals can apply a practice that disadvantages some groups. Whether that is justified depends on the employer's aim and whether a less disadvantageous way of meeting it was available. See AI scheduling and shifts and, for shop and betting workers, Sunday working.
  • Video interviews: tools that score facial expression, eye contact or appearance can be affected by head coverings, dress or practices linked to religion or belief.
  • Dress and appearance rules: automated checks against a uniform or appearance standard, for example in identity or badge photo checks, apply that standard to everyone and can raise the same question.
  • Keyword and CV screening: filters that score names of schools, societies, charities or gaps for religious observance can carry religion or belief into a decision.
  • Monitoring and social media checks: tools that flag posts or affiliations can pick up religion or belief, including a lack of it. The same checks can surface sexual orientation.

Where a job genuinely requires a particular religion or belief, a narrow exception can apply; see occupational requirements.

Practical steps

  • Employers: let scheduling tools record and respect requests for days off and breaks, check what video and photo tools measure and allow a human alternative, remove keyword filters that stand in for religion or belief, and record why each remaining criterion is needed.
  • Candidates and workers: make any request about days, times or dress in writing, ask what an interview tool measures, and keep copies of rotas, scores and replies.

For time limits and proof, see time limits and the burden of proof; for the Act's other workplace rules, AI and the Equality Act 2010.

This page covers Great Britain and is general information on the law as at 2 November 2026, not legal advice.

Questions and answers

What does religion or belief mean in the Equality Act 2010?

Section 10 says religion means any religion and belief means any religious or philosophical belief; both include a lack of religion or belief.

Can an AI rota that ignores religious days of rest be discrimination?

It can be indirect discrimination under section 19 if it puts people of a religion or belief at a particular disadvantage and the employer cannot show it is a proportionate means of achieving a legitimate aim.

Can direct discrimination because of religion or belief be justified?

No. Under section 13 only direct age discrimination can be justified; narrow exceptions such as occupational requirements apply separately.

Sources