Buddy says:  Employers do not have to allow for time off, or changes to the usual working patterns over the Ramadan period. However, if you unreasonably refuse requests made to accommodate employees' religious beliefs, you may find yourself liable for a discrimination claim on the grounds of religion.  This is on the basis that any unreasonable refusal could be indirect discrimination against the Muslim employee.  If, however, there are genuine business reasons for not being able to grant the request, such as an adverse impact on the business, you would be able to argue that this refusal is a proportionate means of achieving a legitimate aim and therefore not discriminatory.  Importanty, you would need to be able to show why you refused such a request.

Employer information:  Under the Employment Equality (Religion or Belief) Regulations 2003 it is unlawful to discriminate against someone on the grounds of their religion or belief.  Indirect discrimination is defined as:  

• a provision, criterion or practice;
• which is applied equally to persons not of the same religion or belief;
• which puts people of a certain religious belief at a particular disadvantage compared with other people; and
• puts the Claimant at that disadvantage; and
• is not a proportionate means of achieving a legitimate aim.

Refusal to allow for flexible working or time off may be seen as a provision, criterion or practice. As it puts Muslims fasting during Ramadan at a disadvantage, compared to non Muslims, this may be indirect discrimination.  Further, from an employee relations perspective, allowing some simple changes could lead to greater harmony in the workplace.

In order to promote good employee relations and a happy workplace, some things employers should consider are: 

• allowing for different break times to make allowances for fasting over Ramadan;
• not arranging meetings etc for dusk, when fasting breaks. (If you insist on arranging meetings around this time, then this could amount to a provision, criterion or practice leading to discrimination);
• as part of equal opportunities training, ensuring that there is training for managers and staff about different religions so that they are tolerant of other beliefs in the workplace; and
• ensuring staff are aware that discrimination or harassment of any kind towards colleagues will be dealt with as a disciplinary matter in accordance with the company's disciplinary policy.