Religious Discrimination - Damages Case
It is well over a year now since religious discrimination became illegal but only now are businesses realising the implications of the legislation.
Paul Seath, an associate in our Employment Department, says: In the first successful case under the anti-religious discrimination legislation, a Leeds employment tribunal made an award of £10,000. A Muslim bus cleaner had lost his job because he took a six week-long break to make a pilgrimage to Mecca. All Muslims are expected to make one such trip (haj) during their lives. He had asked for permission in writing but heard nothing. His manager said he should just go and assume he had permission, which he did. When he returned he was sacked.
ACAS has issued helpful guidance on this area which seeks to provide practical guidance on what the law means in practice. The guidance also contains details of the principal practices of the major religions. It can be wise to consider carefully requests for time off for religious festivals and holy days and to make reasonable adjustments such as additional unpaid time off for such events.
For example it may be possible to allow devout Jews to leave work early on Fridays for Shabbat if they need to travel by car before the sunsets. Some employers give Muslims an extended lunch break on Fridays, which they make up in the course of the week, so they can attend the collective ritual noon Friday prayers. Some employees may have regular fasts and they may ask for shortened lunch breaks during fasting periods. There is no legal obligation to make a prayer room available at work but failing to accede to a reasonable request for a place to pray quietly might be discriminatory. Employers should not ask at interviews if there are religious requirements, which could have an effect on work.
Another issue is clothes and traditions - turbans, women wanting to wear a veil, special bracelets and the like. Food and drink can be another danger area. Workers bringing their own religiously compliant food to work may need to be able to store it separately from food which is not Halal or kosher, for example.
For further information contact Paul Seath on (0117) 929 0451 or e-mail pseath@metcalfes.co.uk
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