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Ramadan: equality laws for flexible working

RAMADAN: A GUIDE TO EQUALITY LAWS FOR FLEXIBLE WORKING

The Muslim period of Ramadan begins this year on Monday 6 June until 5 July 2016. With more than 64,557* working Muslims in Yorkshire businesses may receive requests from Muslim employees to work flexibly or take time off work.

Will Clayton, partner at Knights professional services, which has offices across the country, advises on how to deal with these requests under equality law and avoid making decisions which could give rise to claims of discrimination.

What is Ramadan and what might employees request?

Ramadan is one of the five ‘pillars’ of Islam during which many Muslims will start a strict month of fasting and will refrain from eating or drinking during daylight hours. They will also participate in night prayers. The dates of Ramadan vary each year in accordance with the lunar calendar. When Ramadan falls in the summer months, as it does this year, fasting Muslims in Britain can avoid food and drink for more than 16 hours each day. As a result, employees may suffer from a lack of energy and dehydration and may feel tired due to waking up early to eat before sunrise or staying up later to pray. Employees may therefore ask to temporarily adjust their working hours or take time off work. To mark the end of Ramadan there is a 3 day festival called ‘Eid al-Fitr’ and during this time Employers can expect Muslims to seek annual leave to celebrate with family and friends.

Do employers have to agree to flexible working and time off during Ramadan?

It is important that employees observing Ramadan are not treated less favourably than other employees because of their religion or belief. As an employer you should try to accommodate your employees’ requests as far as possible, however you are allowed to take into account the needs of your business when making your decision. You may refuse a request if there is a clear business reason as to why you can’t accommodate it.

Flexible working

Some companies allow Muslims observing Ramadan to begin their working day later so they can catch up on sleep after waking up early to eat, or to begin their working day earlier so there is time to take a nap before the fast is broken in the evening. Others have been willing to consider a later start or earlier finish in exchange for a shorter lunch break. A change in working patterns may actually benefit a business where employee energy levels and productivity might be affected. It’s important at the outset of any request to meet with the employee to discuss the needs of the individual and how they interact with the requirements of the business.

However, if a request genuinely cannot be accommodated, it can be refused. To do so, you must show that you have considered the request properly and tried to identify ways in which it might be accommodated. This could even include talking to other staff members to see whether they would be willing to swap shifts or temporarily change their start and finish times. It is a good idea to keep written records of any requests made, your discussions with an employee and the outcome and reasons for each decision.

Time off

Employees will be entitled to annual leave in the usual way and will have to comply with your normal procedures when making requests. You should approve requests as you would normally, granting time off where possible. Of course it would be unlawful to refuse a request just because it was for Ramadan. Given that Ramadan falls in the summer months this year and that this is a popular time for taking holidays, employees should be encouraged to give you as much notice as possible to stand a better chance of having their request granted.

For more advice about whether or not you should grant a request for flexible working or time off during Ramadan, or any other religious holidays or festivals, please contact employment@knights1759.co.uk.

*Numbers taken from the 2011 Muslims in Britain census – link below. In Yorkshire and the Humber there are 326,050 Muslims. According to the census approximately 19.8% of the Muslim population are in full-time employment.

https://www.mcb.org.uk/wp-content/uploads/2015/02/MCBCensusReport_2015.pdf

This was posted in Bdaily's Members' News section by Knights Professional Services .