Ramadan is the ninth month of the Islamic calendar and is observed by Muslims worldwide as a month of fasting, prayer, reflection and community. The exact dates change every year in a similar way to the way Easter fluctuates in the Christian calendar.
During Ramadan most Muslims fast between dawn and sunset. Children, pregnant women, elderly people and those who are ill or travelling do not have to fast. During Ramadan it is common to have one meal (the suhoor) just before dawn and another (the iftar) directly after sunset.
What if an employee asks to work from home for the duration of Ramadan to facilitate their fast? Perhaps the lack of food throughout the day makes them more tired and they want to avoid travelling into the office. Do employers have any obligation to make reasonable adjustments during Ramadan?
There is no legal requirement to make reasonable adjustments in the workplace unless the protected characteristic of disability is in play. Reasonable adjustments do not apply to religion or belief or indeed any other protected characteristic including pregnancy. Pregnancy does require some additional considerations during the protected period but there is no protected period as such for religious beliefs.
Of course what the law requires and legislates for does not necessarily translate into what a good employer might wish to do for various employees with specific beliefs and needs. Many employers will steer clear of making accommodations for fear of setting a precedent because once you start making allowances for one group others will surely come forward and ask for the same treatment. Perhaps fasting for Muslims during Ramadan is more difficult if you are sitting in an open-plan office with your colleagues munching all around you during the day? I could easily see that would make it more challenging.
I would encourage employers to be sensible on a case by case basis. If you count only one Muslim in your small workforce and her job lends itself well to home-working, say she already does 3/5 from home, would it really hurt to extend this for Ramadan? It might be that her job requires face time with the team and to accommodate home-working for such a period might be business disruptive. Perhaps she could do 1/5 in the office as a compromise? Ask the question: how disruptive is this and is it a nice to do for this person or group of people?
If the person who is fasting during Ramadan has the protected characteristic of disability that might change the complexion of things. Imagine that your employee is diabetic. Depending on the type of diabetes (Type I or II) and the daily impact of the symptoms this might have a marked impact on the employee when they are fasting. In such a case it would be wise to consider the health impact. There is no protection against discrimination currently for the way two protected characteristics interplay but a fasting Muslim with diabetes may need you to do more purely on account of disability.
A blanket approach rarely works. A good employer will listen to the needs to their valued employees and where possible offer assistance. The loyalty which you will engender will pay you back in droves. It’s always tricky to balance the needs of the business with the needs of your people but remember that you cannot run a business without people and they will appreciate your consideration at a time which is likely to be particularly important to them.
This blog was written by Karen Jackson CEO & Elizabeth McGlone Managing Partner, didlaw.
