Customs and practice

22 January 2007

Since the 1950’s the third Sunday in January has been known as World Religion Day to help foster interfaith understanding and harmony. Religious discrimination in the workplace is unlawful so it is important to have an awareness of the impact your company’s employment policies and practices may have on religious observances.

There are 4300 religions practised around the globe. However, 75 per cent of the world's population belong to just one of five faiths, the top three being:

Christianity (2.1 billion)
Islam (1.3 billion)
Hinduism (900 million)

In the 2001 census, 390,000 people listed their religion as Jedi Knight making it the fourth biggest belief in the UK. There are also an estimated 70,000 Jedi knights in Australia, 53,000 in New Zealand and 20,000 in Canada.

In the UK, employees are protected from discrimination in employment on grounds of their religion under the Employment Equality (Religion and Belief) Regulations 2003 (the Regulations).

Discrimination can be either direct, such as refusing to employ a person because they belong to a particular faith, or indirect which is when those who belong to a particular religion are put at a disadvantage compared to other persons by a provision, criteria or practice of the employer. The employee who complains must belong to that group and also suffer a detriment personally. Direct discrimination can not be justified. However, indirect discrimination may not be unlawful where the employer can show that the provision criteria or practice is necessary to achieve a legitimate business aim and that any discriminatory impact is in proportion to achieving the aim.

For example, a requirement for employees to work on a rota including Sundays will disadvantage practising Christians who observe the Sabbath as a day of rest.

Therefore, the employer will need to consider whether Sunday working can be justified as a legitimate business need and whether it is proportionate to apply that justification to the individual. Would it be feasible to reorganise the working time for that individual over the remaining six days? Refusing to adjust working patterns without adequate justification is likely to amount to unlawful indirect discrimination. Some workers in shops and betting outlets are also given additional rights to refuse to work on a Sunday under the Employment Rights Act 1996 see Employees and Sunday Trading.

To avoid unlawful discrimination, it is important to consider the reasons behind company practices and whether religious customs can be accommodated. Islam requires its followers to observe a number of practices which can be compromised in the workplace, putting Muslim employees at a disadvantage. The most likely areas to be affected are:

Working time and rest breaks - Muslim men and women are required to pray five times a day and may wish to attend a mosque for the congregational prayer on a Friday between 1pm and 2 pm. Also, normal lunch breaks may be asked to be taken at different times to observe the rules of a fast, such as during Ramadan.

Facilities – Employees will want to have a clean and quiet place to pray and if a prayer room is provided, images or statues of people should be removed and a notice placed outside requesting shoes are removed before entering. It is usual for the feet to be washed before prayer and suitable washing facilities, such as a low sink, may also be requested.
Holidays - An employer should sympathetically consider requests for extended periods of leave to observe Hajj, the religious pilgrimage to Mecca that all Muslims must do at least once in their lifetime. The dates of other religious festivals are not always known until nearer the time and so the requirement for advance notice may need to be waived.
Dress codes – Uniform policies and standards of appearance should take into account that many Muslim men will wish to wear a beard and that Muslim women are required to cover their hair and dress modestly. There are several forms of Muslim dress including the hajib, which is a head scarf, and the Niqab a face veil. A recent tribunal ruling in Azmi v Kirklees Borough Council held that it was not unlawful discrimination to require a Muslim teaching assistant to remove her veil but other employers may not be able to rely on the justification in this case which necessitated face to face contact.
Social/team activities – Muslims are not permitted to drink alcohol and may refuse to attend places where alcohol is served. Strict Muslims may also wish to avoid physical contact with the opposite sex.

As well as organised religions the current Regulations protect against discrimination on the grounds of a "similar philosophical belief". This covers beliefs where there is a clear belief system and structure, such as humanism and pacifism and even atheism. However, on 6th April 2007 provisions in the Employment Equality Act 2006 will come into force that remove the word "similar" from the definition and clarify that the absence of a particular religion or belief is also protected. These changes will widen the scope of the Regulations to cover political beliefs and agnostics.

Given the number and differences, it is unrealistic to expect employers to always know in advance that they are disadvantaging certain groups on grounds of religion or belief but to assist ACAS have published a useful guide "Religion and Belief in the Workplace". Furthermore, all employers should have a policy of not intentionally or unjustifiably disadvantaging employees on these grounds. Employers should encourage the use of the grievance procedure for raising any such complaints and consider these fairly.