To not accommodate a request by a female Muslim never to be in work "alone" with any male colleague?

[LibertyPrints]

"Sarah" has worked with our company since December. We have 12 staff (some of whom are part time) across 2 sites. All staff work between the 2 sites. They are retail outlets.

Sarah is Muslim and has recently contacted me to ask if I can ensure she is not ever scheduled to be alone with any male colleague at either site stating this is to do with her religious beliefs.

The manager is male and 3 staff are male. Different staff have different skill levels and they are scheduled where they are best utilised on any given day/week and so that all shifts are pretty equally shared out. It is not practical to agree to this.

For clarity I have no issue with making adjustments for her where I can. For example she asked at interview if she could reduce her lunch hour by varying amounts and then take that extra time out when she wanted to pray at varying times of the day. Even though we don't normally allow breaks to be taken in this way I agreed willingly.

I feel really awkward saying no but it's really far from ideal. AIBU to think if she can't expect this from us?

Personally I do not think it unreasonable to decline to honour her request - it seems thoroughly impractical.

However, I would post in Employment or Legal and get a more legally orientated response because how you explain your decision, the language you use and thinking about how you make sure you ensure that the precedent you set is aplied consistently and equitably needs to be carefully thought through and in line with employment law.

Like others, I think AIBU is the last place for questions like this.

PM me if you want to discuss offline. I'm an employment lawyer.

Farmere - No of course you couldn't only replace vacancies with women. If you have something in place, and the situation changes so that it becomes unworkable, then you say you can no longer not leave her alone with a male employee.

No, you should not do this. You have already accommodated her religious beliefs by allowing her time for prayers that is different from that of the other workers; she should also have brought up the chaperone issue at interview.She seems extremely devout; every religion involves some form of sacrifice and it may be that her sacrifice is not working in this particular environment. Don't allow her to bring in a chaperone; that will raise all sorts of complications; I worked in a small factory many years ago where it was allowed and it caused trouble, and that was long before health and safety issues, employment rights etc.

m.acas.org.uk/index.aspx?articleid=3457

You can call the ACAS advice line, which is free.

Please seek proper advice and don't listen to half the responses you are getting on here. This is about legal obligations not whether people think the rules are nonsense or wouldn't have been the way 20 years ago

Of course you don't have to agree to this. In fact, you could probably terminate her contract on the grounds that she's unable to actually do the job in the way it suits her employers.
I'm not suggesting you actually do that; just that one of the "allowable" circumstances in which an employee can be let go is an inability to actually do the job required for whatever reason.
Let her choose; do it the way it suits the company, or leave.

I don't think you should agree to use 'best efforts' to accommodate her because this could lead to arguments about whether your efforts were adequate in a particular situation.
Just say no, politely.

I would have laughed at her when she made the request. How dare she even ask.

Hr advice.

I agree with deleting the thread, and restarting in legal/employment.

Follow the acas flexible working guidelines r.e.e

Formal request
Witnessed meeting with notes
Formal decision with paper trail
If your decision is fair and based on facts, you are safe.

If the request is unworkable for the business, then that is that.

I don't know why dismissing her has come into it. It shouldn't.

It is her religion (or her, or some man's, interpretation of her religion) that is dictating this. You are not. Your are not saying that the job requires her to be alone with a man, just that it might. She needs to decide if this 'rule' trumps her desire to do her job properly and well.

It's an outrageous request - she (or whoever came up with this ridiculous rule) is implying either that every man out there is a potential rapist, or that she (and any other woman for that matter) can't be trusted in the presence of a man and will jump his bones soon as look at him. What a crock of shite. She could end up herself in a lot of hot water if she goes down that route, she could find herself in court for defamation of character.

It is thing kind of bollocks that gives religions, and those who follow them, a bad name. Doesn't say much for the followers of Islam that they can't be trusted, when other people manage perfectly well.

Grennie - I was being sarcastic about replacing with female only - I wasn't clear enough obviously

However, as I see it the situation is unworkable now not just in the future scenario I proposed.

RiverTam - Of course she could not find herself in court for that. She is not making accusations against individual men.

Grennie - I was being sarcastic about replacing with female only - I wasn't clear enough obviously

However, as I see it the situation is unworkable now not just in the future scenario I proposed.

"I would have laughed at her when she made the request. How dare she even ask."

For your sake I hope you're not an employer angelos02

Of course I'm not suggesting she be dismissed, slithy, I was just pointing out that the employer has the right to dictate what the job entails and how it should be done; the onus is on the employee to either adapt or ship out, not the employer to build the job around her.

I don't know the law, but if you are in the UK she either arranges her own chaperone to guard against all those nasty men (and how insulting to men!) or she gets real. Tickets to countries that operate Sharia law are available.

religion can be observed in freedom, but if it stops you doing the job, find another job.

Molly - That is not what the law says.

Have another look at her CV and check if she requested this at her previous employers. Did any of her references mention it? I am guessing not.

YANBU

I have heard of this before though...but from the mouth of a male Muslim colleague. We were having a general chat and he said there was no way his wife would be working 'alone' with male colleagues. She works in a big mixed gender office. He also said any future daughter wouldn't be allowed to touch or even talk to another male...even at school So I do believe it happens..

DP interviewed someone to work with very young children who wanted her face covered. the school had many muslim staff who wore headscarf's which was obviously fine but the school decided covering your face while children are learning language was not putting the children first.

While these types of requests may seem ridiculous to some, it's crucial not to dismiss them out-of-hand.

There comes a point where a line must be drawn for the benefit of the business and the staff as a whole.

You have a small business shift reallocation and adjustment is near on impossible and not beneficial to the business for time management purposes. You cant be expected to waste possibly hours a week making it work, it's not efficient. You also can't have a random chaperone on premises at all times for insurance
purposes and health and safety. If the poor chaperone has a accident it's a hypothetical nightmare.

Sorry if this sounds brief I'm grumpy today