Protection for Muslim employees

Page 15
Q-News, Issue 362
April 2005

As Muslims working in the UK, we often face situations where our religion affects the way we are treated. Often we may come into contact with people who discriminate against us or harass us because we are Muslim. We may also be forced into make choices between our religion and our jobs; entertaining clients, attending the office Christmas do - while we may not be comfortable doing these things, we worry that if we do not, we will be ‘left out’ when it comes to the next promotion. If this sounds familiar, take heart from the fact that you are not alone. A recent Home Office survey found that more than 50% of Muslims reported frequent unfair treatment from managers and colleagues.

However, legislation is now in place to tackle discrimination based on an individual’s religion or belief within the workplace. The Employment Equality (Religion or Belief) Regulations 2003 cover a range of areas within the employment context, from the recruitment and interview process, through the life of the contract, and continue thereafter to cover the provision of references.

The regulations cover direct discrimination - where an individual is treated less favourably than another because of their religion - and indirect discrimination, where an employer has a rule or policy which applies to everyone but which in practice disadvantages members of a particular religion. A classic example is where an employer has a uniform policy that women must wear knee length skirts. The only defence available to an employer is to show that the rule is a proportionate response to meet a legitimate aim.

Often we find that although we may not actually be discriminated against at work, we may be the subject of jokes and teasing related to our religion from our colleagues. This type of behaviour is covered under the provision on harassment. The Regulations also acknowledge that outlawing certain treatment now cannot make up for years of past discrimination. Provisions are therefore made for positive action measures, where employers can take positive steps to redress previous inequalities in the workplace.

However, the most significant change as far as Muslims are concerned, is the fact that employers are now required to make reasonable adjustments to accommodate religious practices at work. Muslims can now ask for prayer facilities, or for flexible working time so they can attend Jummah prayers. A request can only be refused if it would cause an undue financial or business burden on an employer. It would therefore be unlikely that a large company with many vacant meeting rooms could legitimately refuse a Muslim employee’s request that they be allowed a quiet area in which to pray; on the other hand a small company operating out of two rooms would be justified in refusing, as they would not practically be able to accommodate the request. However they would then have to consider other alternatives, such as allowing the individual to attend a mosque to pray, if one is located nearby. These provisions can affect a whole range of areas, from time off for religious obligations and festivals, including Eid and Hajj, to dietary requirements at work.

It is changes like these that are likely to make the most difference to our daily lives, and it is therefore essential that everyone is aware of what the Regulations mean in practice. The Muslim Council of Britain have produced a range of resources to provide people with more information on the Regulations. These include a leaflet on the main provisions of the law, a training DVD, an Imam’s Pack and a Good Practice Guide, which provides some more in depth analysis of the impact of the law.

Information and resources

A variety of free resources are available to provide you with more information on the Regulations.

• An information leaflet ‘Law against Religious Discrimination at Work’ to provide a brief understanding of the Regulations.
• ‘Good Practice Guide’ aimed at Muslim employers and employees, advice giving agencies and relevant bodies which provides a more detailed consideration of the implications of the new regulations.
• Imam Packs’ providing information for Imams to disseminate in their sermons.
• A Training DVD which includes talks on the regulations and their impact on the Muslim community.
  

If you would like copies of the literature please contact Ruqayya Mohamedali at admin@mcb.org.uk or call 0208432 0585.