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.

That's why I think having a chat in the first instance with the employee to see what her, if anything, her suggestion for handling the situation would be. Hard to imagine this scenario hasn't arisen before and she may have been accommodated previously in some way OP hasn't thought of.

We don't know that it hasn't, honeybeetheoneandonly; she's comparatively new in this particular job, and with so many employers determined to give "neutral" references OP may not be aware if there were similar issues in her last one

It's equally possible that something may have influenced a change to a more culturally observant way of life, but again we just can't know

I think you're right to highlight the last point - there's often a bit of an assumption that religious faith is this static, non-changing thing and people's beliefs are set in stone. But that's rarely the case for any part of life so why should religion be any different?

I also think there's a tendency to interpret 'observant' or 'devout' as meaning 'perfect'. Posters have alluded to the fact that this woman shakes hands with men as some sort of 'gotcha' undermining any other belief she may have. But lack of perfection or 100% consistency in one's religious beliefs and practices doesn't mean they are any less genuine or valid - most people of ANY religious persuasion tend to have parts of their faith they agree more or less strongly with.

It’s discrimination not to be alone with men??

Yes it's sex discrimination for an employee to refuse to work with clients or colleagues and therefore provide them with a less favourable service because of their sex.

Why is this hard to understand?

I think you'll have to accommodate somehow.
She is probably scared.

Your employee is entitled to hold her belief; but to be protected a belief must pass the Grainger criteria - it must be genuine, be worthy of respect in a democratic society, not be incompatible with human dignity and not conflict with the fundamental rights of others.
I don't think her belief passes this test.

www.simmons-simmons.com/en/publications/ck6ggvf024cit09613bdk3yuc/veganism-as-a-protected-belief-the-upshot-for-employers

No she doesnt have to be accommodated. At all.

What she needs, is to be fucking sacked for insubordination.

Imagine a man refusing to meet with potential female clients or colleagues. A man not wanting a female colleague to join a business trip.

it’s easier to see when the discrimination goes from the traditionally more powerful group towards the traditionally disenfranchised group, but traditional power dynamics don’t negate the issue.

impairing the service provided to a client or the career opportunities of colleagues because their sex is inconvenient is discriminatory.

Your employee is entitled to hold her belief; but to be protected a belief must pass the Grainger criteria - it must be genuine, be worthy of respect in a democratic society, not be incompatible with human dignity and not conflict with the fundamental rights of others.

Which would all be very well if circumcision wasn't allowed to be practised in the name of a sky fairy.

So, like religions themselves, the "Grainger criteria" is a crock.

I don't think that helps the situation.

She’s a Muslim, a perfectly mainstream religion in the U.K. Of course her belief passes the Grainger test

Her belief might but how she chooses to manifest it might not. Refusing to meet male clients which is part and parcel of her job is not necessarily protected.

Not every Muslim does this, though.

Exactly. Which is why I don’t think it’s clear-cut as “this is a protected characteristic”. Belief in sex-segregation in the workplace (which this woman appears to be selective about) isn’t a PC.

Religion or belief is a protected characteristic, but not every tenet of a religion is protected in the workplace.
For example, you may refuse to shake hands with women; but if you do that at work while shaking hands with men you are being discriminatory.

Quite. The Equality Act is about balancing rights, not allowing some rights to trample over others. There is no hierarchy.

We all have some PCs - sex, age, race or nationality are a given for everyone. A white middle-aged man is just as protected as a brown young woman.

I'm curious what HR said? Similar situation at work

I have worked with Muslims both in the UK and also in Muslim majority countries in Indonesia and Malaysia. Firstly, there is nothing in Islam that would prevent a Muslim woman working solely with a man. It is not a religious obligation, though in some countries it may be cultural. I would stress though that if this is the case, I have not come across it and the vast majority of Muslims I work with would not push for this. Take HR advice but if you make this adjustment, I think it could set a precedent. For example, if someone then said I do not want to visit this client as it is too far. too early, too late what would you say?

Then all employees can make excuses for not doing what they're paid for? If someone has applied for a job then they should be assumed to have knowledge of its requirements.

Correct. But the belief itself will be

Do you know how business, costing up projects, managing staffing works?

Do you really think that throwing another person at the meeting (who doesn't need to be there) won't have ramifications and costs?

@OCDmama exactly who would bloody employ anyone every single excuse to not work is given it’s an absolute joke. I’m so glad I have no employees any more

It’s important to note that Ramadan is the holy month for Muslims, and it’s possible that they’re seeking to improve themselves during this month in line with their religion.

@GelatinousDynamo

https://www.equalityhumanrights.com/guidance/religion-or-belief-workplace/religion-or-belief-how-do-i-handle-employee-requests

You can also contact the help line via that link for a professional opinion.

Yes, well, the kind of “improvement” that requires you to not do your job properly because you client is a man is not the kind of improvement that has any place in 21st century Britain.