Avoiding Religious Discrimination in the Workplace

With religious differences causing flash points across the UK, many employers, particularly in small businesses, are very concerned about how to handle and support different faiths within their organisations.

In addition, employment law cases involving religious discrimination are often picked up by the national press, such as the baggage handler at British Airways.  In this case the baggage handler brought a claim against her employer because she was not allowed to openly wear a cross over her uniform. This is where an employment law solicitor can help.

Whether in the recruitment process or in the workplace, employers can face difficult religious questions.  When advertising for a job, employers of any size and in any sector must ensure that they are prepared for candidates who have different religious practices and faiths. This can be easier in principle than in practice as it is not legal to ask a direct question about an applicant’s religion or how they practice their faith.

However, the most likely area in which an employer can have a dilemma is when an existing rule in the workplace contradicts a genuine religious practice.  In these cases an employer has two options: to make changes to their policies or refuse to do so.

Firstly, if it is possible to show that the workplace regulation is a proportionate means to achieving a legitimate business goal, an employer can refuse to alter their regulations.  For example, in the case mentioned above, British Airways argued that the ban on all visible jewelry was necessary to maintain a uniform corporate image throughout its workforce.

The second option is for the employer to take action and modify the rules to accommodate the employee. This path can go a long way towards encouraging tolerance and acceptance of other religious ideas, and also helps religious integration in the workforce. There can be many areas of standard policy that may be considered within this including:

• Dress Code - Employers are usually expected to make allowances for religious dress as most uniforms can acceptably accommodate items of clothing such as turbans or burkhas. However, an employer may have a legitimate argument if he has to ban certain clothing for health and safety reasons. In addition, the item of clothing must be legitimate and compulsory. One of the reasons British Airways was able to successfully defend the claim made against them, was that the business could show that the crucifix is not a compulsory item of Christian dress.

• Religious Observance - It would usually be unreasonable for an employer to refuse an employee’s request for time off for religious observance, as it is relatively easy to alter working hours or to provide a quiet space for prayer. However, an employer will not be expected to provide paid leave and can require employees to make up any time they have away from work.

• Social Interaction - Problems may arise during social gatherings in the workplace. For example, kosher foods may have to be kept separate from non-kosher foods, alcohol may have to be kept separate from the soft drinks and some religions forbid women to be alone with any man to whom they are not related.
• If you are an employer or an employee with a question about religious discrimination, Richard Nelson Employment Law Solicitors can help. Simply call 084 4804 4800 for specialist and professional advice. For more information you can also visit http://www.employmentlawhelp.co.uk