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.

Sorry but as someone who lived and worked in the Gulf as well as having a Muslim XH, I think this is rubbish. My former company over there was predominately made up of Muslims where males and females worked together.

What is more likely is that she has a controlling husband who doesn’t want her conversing with other men at work. My XH didn’t want me answering the door to male delivery drivers.

We've had to deal with Muslim men who wouldn't accept female managers before, but this is more complicated than that.

it really isn’t, in fact it is the same. Chaperoning her isn’t feasible. Contact HR and take their lead. I have worked with many a muslin man and woman and have never encountered these issues.

During Ramadan, some Muslims who follow the faith strictly refrain from s*x and anything that may lead them to it. So she may (and this is really only speculation) be being extra cautious and strict on herself by saying no time with men alone. It really is about trying to understand culture and religion a bit further and genuinely seeing what can be done to support her whilst also meeting the business needs. If nothing can be done and she still refuses to perform tasks that are deemed essential, then it could go down a performance management route. But why not have the conversation first? Why are so many comments advocating for the passive aggressive underhand way. There are laws to protect both employer and employee. Follow them properly and enforce them when needed too. The problem arises when either party doesnt follow laws and regulations and refuse to take accountability so end up in litigation.

But to religious people, it’s not a choice, it’s part of who you are.

As everyone is saying - get legal advice but clearly she can’t do her job.

You say she shares an office with a man is this on her own? Is it that she is picking and choosing?

It’s not direct discrimination, which is what you’re referring to. That would be sacking her because she’s Muslim. That would be illegal. However if this woman is dismissed it’s not directly because she’s Muslim, but indirectly as the employer’s expectation she works with men places her at a disadvantage due to her religion. The employer can attempt to justify the latter form of discrimination, but not the former

It is not

She shares her office with a male colleague and has no problems shaking hands with men... So this sort of came out of nowhere. Might be because that office has a glass wall so they're not technically alone?

Presumably there are women in your office as well as the man? Hence she is not alone with a man. But the department you want to send her to is staffed by all men (sounds like a gender diversity there).

I'm lapsed Catholic and usually very sympathetic to people's religious beliefs/requirements. But what an absolute ball ache for you. Think I'd be asking HER what she wants to happen/thinks should happen to resolve this issue! Maybe she'll have some suggestions.

But why not have the conversation first?

Well, the employee could have had the conversation at any time since she was offered the job, so that OP could have planned differently, instead of springing it on OP at the last minute.

I'd speak to hr with regards on how to handle it. It's a difficult one because not all Muslims will of course act in the same way. I work in healthcare so I'm touching unrelated males as part of the job not just in their company. For me it is what it is and in the context of my job I don't see it as an issue. She clearly feels differently to me but must understand that it will hold her back in the workplace and that she could lose a job as a result.

All this might work well for large businesses, swap assignments, send a chaperone. What about those of us who are trying to make a small business work.

I have three employees, all employed and capable of the job I need them to do. 2/3 have extensive adjustments, but they told me what they needed and I knew I could work with them, because they could still do the job they applied for. The adjustments also don’t negatively impact on my employee who has none, because things have to be balanced in a small company.

there is nobody to chaperone. There is no meeting in a public place as everything is highly confidential. Ideally I could do with adding two more people, but the 4 of us work well together, but I’m terrified of crap like this.

if someone can’t do a big portion of the job, they have no business applying for it, and hiding behind protected characteristics for this reason would be the end of a small company.

Religion is a "protected characteristic" under UK law, if I'm remembering right? That means that more allowances etc have to be made - not sure how far it goes, but I'd definitely check, before you say or do anything.

Sounds exceedingly tiresome though x

If I was the client I would be furious if a female had to see me with a chaperone in case I did something., it's highly insulting to the man even if "auntie" wanted to go or grandma.

No they don't, not the muslim hijab wearing Dr's I work with. They are professionals and act accordingly.

Accomodation must be reasonable …

A minder - an every minute female person who can have no freedom of movement while employee X is working and must accompany her around premises is not reasonable.

The client, might be happy to be sure there is a woman around, but making that woman be where your employee X scheduled every minute is not ok.

The men might feel that they are discriminated against as “dangerous” - I think a lot of men would be really offended causing more HR problems.

It is not reasonable to hire a female-minder or carer. The expense and need to accommodate that minders need for “freedom” is not reasonable.

What is reasonable is for that person’s work to be in the office. Not outside at clients.

You cannot supervise what goes on outside your premises. She could be at a client where there is a woman present, then the woman goes to lunch or Dr appointment and your employee must also leave - it’s not reasonable.
Give her choice, talk about how could accommodate her then you decide. If she cannot do the work required then she’s not in the right job.

Freelance or contract work for her could be better then she can choose her own jobs based on office demographics.

Is she a new hire? If not I would be looking to fire her. She is already problematic and this would impact the company as it is directly impacting clients. She has not mentioned this previously because she knew she wouldnt be hired. Speak to HR first and then decide.

@Beeloux if its not actually anything to do with the Koran but more cultural or just male dominance why isn't there more open push back against it from the community and people who know?

Think I'd be asking HER what she wants to happen/thinks should happen to resolve this issue! Maybe she'll have some suggestions

I agree, @Butchyrestingface; discussing issues is almost always a good idea, and as you say she may come up with something nobody else has thought of

Alternatively of course, she may take the view "That's your problem", in which case that would be instructive too

Yes, it does. Reasonable adjustment applies to any of the protected characteristics covered by the Equality Act 2010. In cases such as the OP’s, the reason for adjustment is to avoid indirect discrimination as a result of policy or rule which would disproportionately affect the employee.

I disagree with being open and transparent once there is someone playing the religion card. This is not a fireside chat. Everything the OP says and does can be used against her.

I agree that the OP has to be very careful and take legal advice - which is the opposite of being open - and in fact quite stylised as to what can be said and clear as to boundaries which OP cannot cross. OP should have a clear idea before opening any discussion what are the core requirements of the role, what was in the job spec (written and to be understood), what was said by the employee at interview, what adjustments can reasonably be made, and whether there will a period of monitoring and what the performance indicators over that period will be. Then document the discussion and going forward.

The law is on the employee's side and the OP's obligation is to comply. Everything has to be 'HR'-ed and documented from this point to get to the correct result.

If anything, the formal nature of how OP is behaving to the employee (fair, professional and legal) will indicate to the employee that this is a difficult company to 'pull one over', if that was even her initial intent.

It’s irrelevant whether she’s a new hire. She has protected characteristics under the Equality Act 2010 and these give her rights from day one.

Under employment law you can’t discriminate based on religion and should make reasonable adjustments (where possible) It is the where possible that is open to interpretation. Is it possible at all?Some Muslims are fine working with men in shared spaces but not with being alone with them in certain settings. Is it about being alone with men in an unfamiliar environment? Could the client provide a female staff member to be present? Did she know the meeting would be held there and not at your place of work?
It is tricky for everyone but depending on the job - is it reasonable she would expect to be accommodated?

Please ignore these armchair HR experts suggesting you insist she goes / fail her probation! You need to take PROPER advice from an HR professional before you do anything. They will advise you to investigate more fully what prevents her from attending, and you may need to consider making reasonable adjustments - IF that’s possible in order for her to do the majority of her job. As others have said, religious belief is a protected characteristic so be VERY careful and make sure you have good advice before you act.

Bear in mind if she went to tribunal, even if her case has no merit it will cost your organisation many thousands