Kate Hilpern writing in The Independent, May 27, www.independent.co.uk/news/business/analysis-and-features/advice-for-employers-employers-have-nothing-to-fear-from-faith-1984326.html
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With recent headlines announcing pagan police officers’ right to attend rites and dance naked, it’s no wonder that employers are unsure about what they are expected to do to support their employees’ religious and philosophical beliefs. With legislation also covering less well-known religions and beliefs, such as paganism, Rastafarianism, druidism, Darwinism, creationism and atheism, there’s understandable concern about tripping up and being taken to an employment tribunal.
In fact, says Rachel Krys, campaign director at the Employers Forum on Age and Belief, of all the employment laws relating to discrimination, those on religion and belief – set up in 2003 and due to be amalgamated into the Equality Act 2010 from this October – tend to frighten companies the most.
But Krys says there’s no cause for alarm. Employers are not required to do anything beyond acting reasonably and are certainly not expected to put their employees’ beliefs before their own business needs. This was illustrated when a Muslim warehouseman claimed that Tesco had indirectly discriminated against him by expecting him to handle alcohol. Tesco successfully argued that supplying alcohol to its stores was a legitimate aim and requiring him to handle it was a proportionate means of achieving that aim. Another case involved a Seventh-Day Adventist who claimed the travel agency who employed her had discriminated indirectly by requiring her to work on some Saturdays, when her faith dictates she abstains from secular activity. She also lost her case, because the tribunal agreed there was a compelling business need outweighing the disadvantage to the employee.