To send an employee to a client even though she refuses because of her religion?

[GelatinousDynamo]

I have a new employee in my team, she is a devout Muslim. She's been with us since January and there were no issues so far, she's getting along well with everyone and her performance was fine. I sent her an email on Friday afternoon to say that our client has now (finally) prepared all necessary documents and that she should go there and go over everything with them one day next week. She wrote me back today that she can't do that because only men work in the department and she can't spend the day alone with strange men (because of her religion).

AIBU to insist that she does her job and goes there or would that be religious discrimination? She shares an office with a male colleague and has never complained about it. She's the first devout Muslim I've ever had on my team and I honestly have no experience at all with such issues. She's the only one who has the necessary experience and isn't already scheduled elsewhere.

Hmm this is a tough one. Did she mention she can't GP anywhere with all males in her interview or induction?

I would ask her to get the job don or find another job. Religion isn't an excuse to pick and choose.

Why do you think she doesn't want to go?
If its genuinely due to her religion then agree with it or not you have to respect it.
I appreciate that if her religion means she is unable to carry out a large portion of her job then she can't do the job but if its this one thing and someone else can do it instead then you should accommodate her.

I'd double check with a lawyer 1st but if she is refusing to do her job then I'd sack her

You need to look at her JD and contract.

And find out also if this was declared during her interview.

I'm all for making certain allowances, but if your religion prevents you from doing crucial parts of your job, it isn't the industry for you.

Religion is a personal choice, she needs to shape her life around that and choose work accordingly.

tricky one. I would get legal advice to ensure you are not guilty of discrimination (even though I think it's absolutely ridiculous - did she mention it during her job interview that she wouldn't be able to do certain parts of the job? Also, how much of an issue will this be further down the line? Will it be a repeat issue that will impact the running of the business? If so, I would consider letting her go (easy in the first 2 years - just cover the discrimination aspect). I think employers should support staff whenever possible but choosing a religion and then refusing on that ground to do important parts of your job is taking the biscuit. sorry. It's not like she is ill or has a disability which is outside her control.

Talk to HR before you do anything. You don't want to face a constructive dismissal case, religion is a protected characteristic. You need to know what is and is not OK legally.

If she’s already sharing an office with a male then I don’t understand why she is refusing this task.
Discuss it with her and see is there another issue. Also ask why she didn’t mention this in interviews since it appears to be a crucial role.

If she's only been there a few months then I would just fail her probation. You don't have to give a reason for letting her go as she hasn't been there 2 years.

If her religion precludes her from doing her job, she needs to find another job imo.

Is it care work ? She absolutely can refuse if so and you need to accommodate that.

I am going to assume you don't work in HR?
I don't either but even I know that getting rid of someone for something that could be construed as discrimination is a very risky thing to do and could cost a LOT of money.

Religion is a protected characteristic so I'd be very wary of the advice above saying get rid ...
Surely you could switch some staff around so she can do her job alongside her religious beliefs

There seems to be a few people misunderstanding that religion is a protected human right and therefore can’t be used against the worker. Is there an option to send someone female with her? Or could the meeting be done via zoom or teams? Just thinking of ways I’ve managed these matters in the workplace before (I am not Muslim myself though). Speak with the colleague directly and see what could be done to manage this in a way that suits both you and her.
For what it’s worth I don’t think you’re being unreasonable as such, but I also don’t think the colleague is trying to be unreasonable either.

Do you have a female member of junior staff who could accompany her and get some experience? Seems the easiest way out of this without being in a tricky situation re: discrimination.

I would discuss this with your hr. Let them make any decisions

They will likely ask what adjustments could be made ie can someone else do this work? Or can someone go with her?
so consider that before approaching them

people are nuts on here, just because you don’t agree or believe in someone’s religion doesn’t mean you can sack someone 🙄

But also, why do so many managers turn to Mumsnet instead of their own managers/HR departments?

You know that's what you need to do here, surely?

Unless you're into controversial threads?

Can a reasonable accommodation be made? Could the meeting take place somewhere neutral like a cafe? Could the chap come to your office on this occasion? Are the rules tighter because it's Ramadan?

I wonder what devout Muslim women doctors do? Presumably they can't refuse to see male patients?

You can't just sack her without working through reasonable alternatives and proving they are not operationally possible.

I always think the same 😂

can’t stand up in an employment tribunal and say ‘cause mumsnet told me’

I wonder what devout Muslim women doctors do? Presumably they can't refuse to see male patients?

Of course they can

Imagine if it was a devout Christian employee saying they can’t attend a meeting with a gay/trans client, because of their religion. Would you be saying the same? In that case both side would have a protected characteristic. Employee citing religious reasons and a client who’s a protected characteristic

If she didn’t make you aware of this at interview I’d find a way for her to not work for you anymore. She can’t apply for a job she can’t meet the needs of.

Can another woman go with her?

Religious belief is a protected characteristic under the equality act so you need to take advice to ensure you don't end up at an employment tribunal.