Ramadan festival: Duty to accommodate Muslim employees’ needs?

The Muslim festival of Ramadan starts on 13 September and continues until 11 October. During this period, Muslims are required to carry out certain religious practices, and as a result employers may need to consider how to accommodate their needs.

Ramadan is a time when Muslim families get together and have special meals to celebrate the prophet Muhammad being given the Koran (sacred book of Islam).

Muslims are also required to fast from dusk till dawn for 30 days, abstaining from eating, drinking or smoking during the daylight hours. Employers may therefore find that Muslim workers wish to take their breaks later in the day, in order to eat and drink when the fast has finished.

Employers do not have any legal obligations to grant staff changes in break times, if such a request would conflict with legitimate business needs. But, if an employer is unable to objectively justify a refusal, it could amount to unlawful indirect discrimination.

The Muslim Council of Britain gives the following example to help employers understand their rights:

An employee working in a small corner shop asks to take a late lunch break around sunset to break his fast. There are only two employees and the time for breaking the fast coincides with the time when school children are coming out of school and the shop is particularly busy. It may be reasonable to refuse the request if the shop cannot cope without both staff. However, it may not be reasonable for a supermarket with a large number of staff to refuse such a request.

According to the Race Relations Act 1976, employers should be aware of the dangers of applying restrictions or requirements which could lead to indirect discrimination on racial grounds, because the employee’s ability to comply with the restriction or requirement may conflict with his or her religious beliefs.

Employment law firm DWF says some simple changes to the usual routine, such as allowing breaks at different times of day, could help avoid claims of discrimination.

Jon Keeble, partner with DWF says firms should:

• look at special requests for annual or unpaid leave;
• consider flexible working or changing shift rotas to accommodate breaking the fast;
• consider allowing extra time off to pray, especially at sunset;
• encourage gestures such as sending Eid cards, in a similar way to Christmas cards;
• avoid organising social events during major religious festivals so as not to exclude Muslims;
• consider allowing meal breaks at different times, for example lunch breaks at dusk to coincide with breaking the fast – and extending these to non-Muslim employees to encourage integration; and
• consider training staff on different religious events.

In regards to special leave for festivals, employers do not have a legal obligation to grant holiday entitlement, and any leave granted will come out of an employee’s holiday entitlement as normal.

Keeble adds:

“Employers do not have to allow time off or changes to the usual routine if it would adversely affect the business. However it is good practice to do so wherever possible and helps to generate goodwill. Accommodating religious practices does not mean allowing extra time off, but rather being flexible about employees’ existing holiday entitlement or break periods.

“Most employers are aware that discrimination on grounds of religion is against the law – but they should also ask themselves whether they are guilty of indirect discrimination. For example, always scheduling important meetings for dusk when Muslims are due to break their fast could fall into this category.”