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.

It is but not technically true in this case. The law states:

• Employers have a duty to consider employee requests related to religion or belief, but they are not obligated to grant them.

• Employers should consider reasonable accommodations to enable employees to practice their religion, but this must be balanced with the needs of the business.

I personally would not make a big deal out of this, leave it a few months then let her go without a reason given. Pay her the PILE she is entitled to and send her on her way.

You need team players not excuses.

If she's been a good employee otherwise and gets on well with the rest of the team I'd look for a reasonable adjustment here. Send another female employee along with her if that will work. That'll be cheaper than having to replace this employee.

Or why not message a fellow colleague who works in the same field rather than heading to mumsnet?

I'll try to answer a few questions:

• she never mentioned it in the interviews and this issue never came up before

• the meeting can't be held on zoom or in a café

• we work in advisory, so all of us work closely with clients and she joined our team because of her specific skill set - there is no replacement, at least not on such a short notice

As for why I didn't ask HR: it's a Saturday, they aren't working, and it's bothering me. My DH says I should just fire her, but he's obviously not a lawyer. And to be honest, I feel a little ashamed to ask people in person as I'm not sure if I'm not just being ignorant and Mumsnet is a wild mix of different people with broad experiences, so I thought it wouldn't hurt to "probe the mood" a little. I'll obviously talk to HR next week.

Call your employers advisory service and take advice.

If they say it's fine, then I'd actually be doing a check up with her to see if there's something more going on under the surface.

I was SA and for a long time after that I couldn't be around men alone.

Men in the communal office along with other women, fine. Men on public transport, fine. Men alone, absolutely not fine.

😂😂😂😂

What if you're jewish, your job has irregular hours and you refuse to work if you're scheduled during shabbat ? Seriously, I'm sick of all religions when they're used as an excuse to be a CF or commit terrorist attacks.

This would 100% be discrimination. Discrimination means treating someone unfairly or less favourably on the basis of a protected characteristic.

Is there an adjustment you can put in place to make this possible for her? It would be the reasonable and right thing to do.

Basically, she needs a female chaperone.

Firing her on the basis of not being able to do something because of her religion would also be discrimination.

That doesn’t mean religious people get to refuse to do core requirements of their job because ‘religion’. A Christian could not take a job that requires Sunday working and then refuse to work Sundays, for example.

The law means you can’t discriminate against someone due to their religion, such as treating someone less favorably or refusing them promotion due to their religion. Requiring someone to do a core requirement of their job is not discrimination.

Imagine actually sending an email like that to your boss just saying you won’t do something, and thinking it’s fine. Other people will have to pick up your slack.

Off the charts entitlement.

This is simply not true.

I think sacking her would be dangerous ground.

Religion or belief is a protected characteristic and she may say not being alone with men is sufficiently fundamental to her belief that you are discriminating.

I think you need to have a conversation with her so that you both have a common understanding of her problem and what workarounds might exist?

Can she swap the role with another employee for the visit in question.

You’ll have to ignore almost every answer you get here as you’ve posted in AIBU. There is a legal issues board, why didn’t you post there?

You are definitely not being unreasonable. Speak to HR ASAP to follow disciplinary procedure. If she is capable, but unwilling to do her job properly, then that is grounds for dismissal.

I'm right though. You can't take a job and then refuse to do it on religious grounds. Two months in and she's being a PITA. Get rid.

I suspect for those of the Jewish faith there will be adaptations.

Somewhere I worked in the past one or two Jewish colleagues were allowed to finish early on Fridays in winter so as to be home in time. Similar adjustment for Muslim colleagues to do Friday prayers.

Time and/or duties - an afternoon post rota was one issue - were adjusted accordingly and time made up.

Being vegetarian is not the same thing.

Vegetariamism is not protected under law.

The problem with posting in Mumsnet for legal or HR advice is that we don’t know the full details and a few posts won’t give them. I won’t ever give HR advice to friends because you never get the full story.

On the face of it, she is being unreasonable as this is a core part of her job. In addition, I would question what other parts of her job could also contravene parts of her religion, that she is happy to do.

Basically take legal advice, it can be quite complicated.

It what way does it not have some truth?

Like all these things there's an element of a balancing act about them where factors both ways have to be considered.

I think the OP needs legal/HR input.

How so?

Check with ACAS rather than the opinions of MN

there is some utter garbage on this thread

protection from discrimination in the grounds of a protected characteristic is from day one, there is no 2 year minimum.

Actually veganism is. This has been established in case law. There is absolutely no reason to think vegetarianism wouldn’t also be. It would still not be reasonable for a vegetarian to take a job in a restaurant and refuse to serve meat. I cannot see a court regarding that as a ‘reasonable adjustment’.

Not if there are reasonable accommodations that can be put in place.

If the documents can be emailed and considered in her own office or if the people she needs to visit can have a woman present (unless there really are no women in the other office), it is likely to be seen as reasonable to make this request.

You absolutely, 100% cannot discipline someone simply for asking for religious accommodations unless you want to be sued.

I agree with the PP who suggests the OP should ask for this to be moved to legal. AIBU is not the place for careful, well thought out legal advice! Some of what is being suggested could cost OP’s company a lot of money and (if she doesn’t own the business) get her sacked since getting rid of an overstepping middle manager is an easy PR move and helps placate any tribunal.

As several PP, religion is a protected characteristic. This is an opportunity for you to review your ways of working to find a more inclusive solution. Speak to her about what is possible. Does she have to go to the client, or could they come to you? What if someone else female went with her?