With Pancake Day followed by Ash Wednesday occurring only a couple of days ago, it is quite possible that there may be some talk at work about what people might be ‘giving up for Lent’. Alcohol, chocolate and even coffee have all in their time surfaced as popular items of self-denial. This brings some attention to the ongoing problem of how employers should respond to the issue of religion and belief in the workplace as part of promoting a culture of tolerance and open-mindedness. This goes beyond the issues highlighted by a Christian nurse being required to remove her crucifix at work on grounds of health and safety[1], and Sikhs to remove turbans.[2]
Legal position
The Employment Equality (Religion or Belief) Regulations 2003 set out the position regarding discrimination on grounds of religion and belief, and this has been carried forward into the new Equality Act 2010. Religion and belief (while not defined in detail) is included as a ‘protected characteristic’ under the new Equality Act which came into force on 1 October 2010. The implications are explained in more detail by the Equality and Human Rights Commission[3] which sets out what is required for a religion or a belief to be protected under the terms of the Act.
ACAS publishes a very practical guide Religion or belief in the workplace[4], based on the 2003 regulations but goes on to make the point in an updated factsheet that while the main areas of discrimination have not changed under the Equality Act, there are wider rights and responsibilities that employers need to be aware of. The Equality Act and new case law affects the treatment of employees holding – or not holding – religious or other beliefs employers may need to review and change some of their practices and policies. [5] Organisations may also be aware of the number of recent cases relating to employees who have been dismissed for refusing to carry out duties that they believe to be incompatible with the religious beliefs (including refusing to officiate at civil partnerships and refusing to counsel same sex couples). The law does draw a distinction between the right to hold a religion or belief and how individuals can manifest their beliefs at work. Sometimes, the employer is justified in imposing requirements regardless of an employee’s religion. It is important to ensure that the employer’s aim is a legitimate one and that a fair process is followed.
Time off for religious holidays
In the light of all this, how should employers accommodate the mix of religions and beliefs, or lack of them in the workplace when it comes to time off for particular festivals and holy days? With our public holidays still geared towards the Christian calendar despite the UK being a multicultural society, employers sometimes find themselves having to deal with requests for time away from work to observe other religions, such as Diwali (the Hindu festival of lights occurring over a five-day period between mid-October and mid November), or Passover (one day during March or April).
Employers are not obliged to grant such requests but can expose themselves to claims of discrimination on grounds of religion if they are not careful . Where requests for leave for religious reasons are refused it is important to show that this is justified. A useful summary of what can land employers in employment tribunals has been set out by Nick Sayer of the law firm Charles Russell in an article he wrote for The Recruiter.[6]
Religious tolerance at work
But how does one encourage a sense of respect and tolerance for other people’s religious beliefs at work? For example, one employee told The People Bulletin how it was beginning to get to her that her co-worker kept invoking Jesus Christ as a swear word. After some weeks of enduring expletives that would typically go along the lines of “Jesus… – what did you want do that for” the employee found it was making her wince each time he came out with it. The matter was settled very amicably with no recourse to discrimination litigation. They had a quiet conversation about it and the co-worker adjusted his remarks. There was no need for a ‘heavy’ approach, just a polite request along the lines of “could you possibly stop doing that as I don’t like my God being used as a swear word.”
Another request that crops up from time to time is to be allowed to leave work early on a Friday because the individual observes the formal Jewish Sabbath (Shabbat) which begins at sundown, lasting through to sundown on Saturday. With organisations operating office-based hours this is usually reasonably straightforward to accommodate and the individual makes up the hours lost in the winter at other times. However employers using shift workers would need to take on board the religious beliefs of Jewish workers when allocating Friday night and Saturday shifts and Christian workers objecting to working on a Sunday.
Prayer in the workplace
In some parts of the world, employees are permitted or even expected to take time out from their workday to attend to matters pertaining to their religion. For example: in Muslim countries, Islamists traditionally pray to Allah five times a day, when the call to prayer or ‘Adhan’ is heard at sunrise, at noon, at mid-afternoon, just after sunset and about two hours after sunset. Many Muslims carry this tradition with them into the workplace when they move abroad. Many do not want to be particularly ostentatious and find a quiet corner to say their prayers. When it comes to the period of Ramadan, the annual month of fasting (due to start on 1 August in 2011), the fasting and cleansing routine is usually integrated into the individuals normal working pattern, often resulting in them not being able to even eat breakfast until sundown each day.
In your face?
Employers do, however, need to be on the look-out for any incidents of harassment. For example, an employee ‘evangelising’ to their colleagues could lead to grievances (non-belief being just as valid as belief) in just the same way as, for example, the co-worker invoking the Christian deity in a derogatory manner each time he uttered an expletive.
In other words, like most areas of human engagement, religious tolerance and freedom is largely down to common sense and respect. A particularly useful report has just been released by Simon Webley at the Institute for Business Ethics entitled Religious practices in the workplace.[7] This presents a clear picture of the religious diversity among UK workers and explains the benefits of tolerance – and having a policy on it: “It is important for employers to recognise that employees do not leave their religious beliefs (or any other beliefs) at the entrance to their place of work: it is integral to their lives”, he explains. He goes on to reproduce a checklist from the Employers Forum on Belief on how to successful develop a corporate policy on religion and belief issues. This is:
- Create a workforce profile
- Establish your boundaries
- Audit your policies
- Enforce a culture of respect
- When asked to make an adjustment, don’t be afraid to say ‘yes’ or ‘no’
- Always look twice at a problem
- Raise awareness with all stakeholders
- Measure the impact.
Think twice about that crème egg
And just so you know, if you forget not to offer someone who has given up chocolate for Lent a crème egg at tea time – this would not trigger some form of litigation, but any persistent and unpleasant derision of an individual attempting to observe Lent in their own way could lead to problems. Deborah Nathan, a solicitor in the Charities Team at Russell-Cooke LLP notes that “discrimination claims, with no cap on compensation that can be awarded and hearings that are generally longer than those for other claims, are a significant risk for employers. Appropriate diversity policies and training are important. However, where beliefs conflict with duties or requirements of the role, it does not automatically follow that employers must automatically concede to an employee’s request; it is prudent to take advice on whether such a requirement can be justified regardless of the employee’s beliefs.”
[1] www.nursingtimes.net/whats-new-in-nursing/news-topics/religion-and-ethics/crucifix-row-nurse-loses-tribunal/5013334.article
[2] Equal Opportunities Review has a useful summary of cases regarding dress codes that discriminate on grounds of religion:
[3] www.equalityhumanrights.com/advice-and-guidance/guidance-for-education-providers-further-and-higher-education/protected-characteristics/
[4] www.acas.org.uk/media/pdf/f/l/religion_1.pdf
[5] www.acas.org.uk/index.aspx?articleid=3017
[6] www.recruiter.co.uk/expert-advice/can-employees-take-time-off-for-religious-festivals?/335925.article
[7] www.ibe.org.uk/userfiles/op3_religious_practices.pdf