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WHEN RELIGION CONFLICTS WITH WORKING HOURS
July 2010
WHEN RELIGION CONFLICTS WITH WORKING HOURS
Employers must not discriminate against employees on the grounds of their religion or belief. But, as with a recent incident that involved a Muslim bus driver, what happens if faith gets in the way of running your business?
The important legal issues
Since the Employment Equality (Religion or Belief) Regulations 2003 were introduced, it’s been unlawful to treat an employee any less favourably because of their religion or belief. Should this happen it will amount to “direct” discrimination. Thankfully, this type of claim is now rare (mainly due to an increased awareness of the law amongst employers) but it’s still easy to get caught out on “indirect” discrimination.
What’s that then? This will occur where a “provision, criterion or practice” is applied that disadvantages an employee but which can’t be justified, e.g. on business grounds.
Praying on the job
The potential for religion and work to clash was recently highlighted when a Muslim bus driver stopped mid-way around his route to pray in the aisle. For five minutes nobody could get on or off the bus, causing a considerable delay.
Is it unacceptable?
As you might expect his employer received numerous complaints. On being pulled up for his actions he pointed out that his “religious duty” meant he had to pray a number of times per day. It was subsequently agreed that his religious observance would only take place during breaks.
Risk. Other problems can easily arise e.g. some religions require fasting at certain times of the year, or you might have to deal with multiple requests for holiday leave during religious festivals. So when it comes to religion, how do you manage employees yet stay in the right side of the law?
Assessing a religious need
It’s unwise to adopt a “one size fits all” approach. Instead assess each case individually and make decisions taking the following into account:
Your organisation. The size of your business is relevant. For example, smaller employers will be unable to cope with multiple holiday requests or those that fall at particular times of the year.
Financial impact. Consider the costs involved, e.g. if staff demand kosher or halal meat at a staff function rather than accepting a vegetarian option, this could be unreasonable.
Impact. Look at the knock-on effect, e.g. agreeing to breaks at particular times so an employee can pray could disrupt your business.
Inter-group tension. Think about all employee groups, never favour one particular religion.
Burden on staff. Finally, consider the inconvenience to other employees. If they are having to work extra hours to accommodate an employee’s religion, they could raise a grievance.
Additional help
If you are unsure about an employee’s religion, there’s no farm in asking. In fact, this will strongly go in your favour if a problem later emerges.
Tip. If you would prefer to take advice from an external organisation, the Employers Forum on Belief can point you in the right direction.
Source: Tips & Advice Personnel May 27 2010
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