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.

I think one of the problems here is the question is whether it's a reasonable request or not.

Arguably it's not - many Muslims would work in that situation without thought.

Well to save you the hassle, I asked chat gpt if a devout female woman could spend the day working in an all male office. The below is the answer. I have family who are Muslim and I’ve never heard this said (strange and nasty Saudi rules about women being accompanied are Saudi not Muslim!). My hunch is she’s the victim of some sort of sex based trauma and is hiding behind her religion? Otherwise, again, I’ve not heard of this.

Yes, a devout Muslim woman can work in an all-male office, but how she navigates this situation may depend on her personal interpretation of Islamic principles, her beliefs, and how she maintains modesty and respect for the guidelines of her faith. Islamic teachings focus on both individual behavior and the environment a person is in, and there are various ways this can be balanced.
Here are a few factors she may consider:

1. Modesty: Islamic principles of modesty, both in dress and interaction, might guide her decision-making. She would likely dress modestly, covering her awrah (the parts of the body that should be covered) according to Islamic standards, such as wearing loose-fitting clothing and hijab.
2. Workplace Interaction: In Islamic teachings, it is advised to maintain respectful and appropriate interactions between men and women who are not related (non-mahram). This means avoiding unnecessary or overly personal conversations, maintaining a professional demeanor, and ensuring there are boundaries in communication. Some devout Muslims may prefer to work in environments where men and women are separated, but it’s not a strict requirement for everyone.
3. Seclusion (Ikhtilat): Some scholars discuss the concept of ikhtilat, which refers to the mixing of men and women who are not closely related. For some, avoiding close, one-on-one situations in a professional setting may be a consideration. Others may see working in an office as a necessary part of life and make adjustments within the boundaries of their faith.
4. Prayer and Breaks: A devout Muslim woman would also need to manage her prayer obligations throughout the workday, so finding time and space for prayer (like the five daily prayers) is essential. Many workplaces, including all-male offices, may offer prayer spaces or she may need to arrange something on her own.
5. Intention (Niyyah): In Islam, the intention behind an action is very important. If the intention behind working is to provide for oneself or one's family, and to do so while maintaining faith and integrity, the work may be considered acceptable.

Some Muslim women might prefer working in an environment where other women are present to avoid any challenges around these issues, but others may feel comfortable navigating an all-male office by observing these practices. It’s ultimately up to the individual’s understanding of their faith and personal circumstances. If she feels uncomfortable or faces challenges in maintaining her religious principles, she might seek guidance from a knowledgeable religious scholar or community.

You can refuse to do things that contradict your religion if reasonable accommodations mean you can still do the core functions of your job, though. We don’t know whether this is the case here - the OP hasn’t said.

Also, if a manager is going to sack someone because there are no possible accommodations, this needs to be very carefully documented.

https://www.equalityhumanrights.com/guidance/religion-or-belief-workplace/religion-or-belief-opting-out-work-duties

This may help OP, though you do need to get advice from an employment lawyer.

It’s interesting as your employee could perhaps be seen as refusing to provide a service to men, so she is discriminating on the grounds of sex.

Ashamed to not know something? 🙄

Why do you think HR exists?

Crazy isn’t it. There was someone who started a thread the other day, supposedly a manager but asking how to go about sacking someone.

It's embarrassing.

Especially on a predominantly female website.

I'd check with HR, only they would know. Personally I'd say nothing and fail her 3 month probation, I wouldn't mention her religion at all. Just say that she didn't perform tasks well.

You need team players not excuses

What she needs is legal advice, so she’s not sat in front of an employment Tribunal, faced with the prospect of paying out thousands of pounds because she’s ignored a protected characteristic.

Wrong.

You can ‘discriminate’ as long as it’s a legitimate reason with a proportionate aim.

Asking her to simply do her job isn’t discrimination, so if she can’t do it regardless of the reason, she should go.

Christ, your husband gave you bad advice.

you have a woman who said she’s not comfortable being a lone female in a room full of men, she also cited religious reasons. To sack her over that could be considered discriminatory unfair dismissal under multiple grounds

I wouldn’t discuss this with the employee as it would make your discomfort evident. However this is the tip of the iceberg and you can’t be accommodating her demands at every occasion. Please do the sensible thing and do not pass her probation - her religion and job are misfits and she needs to reconsider one of them. It’s not your problem. I wouldn’t even involve HR because it could become your problem. You have an easy way out - just take it, quietly.

They can treat men if there are no male doctors available and it’s an emergency.
This includes for operations if she is the more appropriately qualified person.

If it’s not an emergency they should seek another doctor.

Of course you should try to accommodate your worker's needs, I'm amazed so few people think this. I have absolutely shifted rotas so Muslim women are not alone with an all male team. It's not that unusual a request at all!

As many posters have said, religion is a not considered a choice in the eyes of the law. It is a protected characteristic, as is age or disability.

What have terrorist attacks got to do with the thread?

OP, if you are in a small business and don't have an HR dept or outsourced provider, call the ACAS advice line. They will give you free confidential advice by an emp law specialist, it will be risk-averse advice but will be reliable and up to date. https://www.acas.org.uk/contact

It’s not 100% discrimination. It will come down to whether or not the accommodation her employer would need to make is reasonable to expect them to make. I doubt expecting two people to do a one person job would be regarded as a reasonable adjustment.

It may also come down to whether the Muslim woman is refusing to provide a service to those men due to the men’s protected characteristic ( sex). That’s quite explicitly prohibited.

That’s different. My understanding is that Muslim women are not allowed to be alone with men they are not related to. You may not agree with that but that’s the rule. Nowhere does it say that a Christian cannot be in the company of a gay person. They’re not allowed to ‘be’ a gay person 🙄 but there’s no law against spending time with them.

OP, ask the employee what they can do to achieve the same outcome. If she is otherwise good at her job and this is a small part of it I would endeavour to find a solution - it’s hard to find good staff. If it is a big part of the job and will have a significant impact on the business, and there are no reasonable adjustments that can be made, then that’s a different conversation.

Could she have taken a junior staff member with your in a ‘companion’ capacity that would have redressed this? Could the client have been asked to come to your offices to sign without much issue?

Dare I ask if she is ‘obviously’ muslim (ie wears the burka or some other signifier of her faith) even if she didn’t raise it at interview? As others say, I think you need to speak to an employment law specialist rather than canvass here. Feel a huge amount of empathy and know I would share your frustration. I have a lot of muslim aunties and not sure this has ever been raised as an issue in a working environment by them (lawyers, etc), not least because it is not actually a fact of practicing the muslim faith that you cannot be in the presence of men. Rather it is a preference borne out of a particular interpretation/expression of the muslim faith, so not necessarily an issue you might have been able to assume even had you known she was muslim at the point of hiring her. Legal advice needed here.

If a religion prevents you from doing any part of the job you are employed to do and you didn't make that crystal clear-preferably in writing- before accepting the post, then you have taken the job under false pretences and should be out on your arse.

What a load of bollocks.

Tell her to do the job, show her the road or-if you are too frightened to do that (what a state of affairs) dock her wages.

What she can't do is dictate to you what she will and won't do if what you are asking her to do is reasonably part and parcel of the job. This will be testing the water, no doubt as time progresses you will be made aware of other things she can or can't do.

If it really is illegal, then you know the candidates to avoid next time you are hiring.

@arcticpandas typically, if you're Jewish you don't take jobs that would require you to work during Shabbat, either because the job doesn't require it or because your employer will meet that requirement.

Not sure what terrorists have to do with it.

@GelatinousDynamo would you always know in advance if sending an employee out to somewhere else, as to whether that would be an all male environment? I am struggling to see how this employee thinks she can do the job if going out to clients workplaces is a regular part of the role.

If its a very irregular thing, and you'd always know in advance then it might be appropriate to send another female employee with her, but if its regular, if you won't always know in advance, then that doesn't seem practical!

Can she arrange a female chaperone to accompany her?