DISCRIMINATION - 19.04.2021

Ramadan employment law issues

The 2021 holy month of Ramadan began on 12 April and is due to end on 12 May. If you have Muslim employees, what are the employment law implications?

Ramadan is a period of 30 days each year when practising Muslims fast from before sunrise until sunset (with some exemptions for a few vulnerable groups, e.g. those who are pregnant or have health problems), carry out good deeds and pray. The annual dates of Ramadan are dictated by the lunar calendar, and it ends with the three-day festival of Eid al-Fitr.

Under the Equality Act 2010 , employees are protected against direct or indirect discrimination on the grounds of religion or belief. As Muslim employees are fasting during Ramadan, and can’t even drink water, their performance and productivity levels may drop towards the end of the working day as they begin to experience reduced energy. However, subjecting them to disciplinary or capability procedures when this is a result of fasting is likely to constitute religious discrimination. So, you need to make allowances for any performance decline during Ramadan. Other steps you can take to support Muslim employees during Ramadan include:

  • allowing earlier start and finish times, or temporarily reduced working hours
  • allowing them to take regular short breaks during the working day, particularly if the work is monotonous
  • scheduling (virtual) meetings or key work tasks to take place in the morning
  • if they’re still attending the workplace and not homeworking, offering a quiet space or room for undisturbed prayer
  • subject to operational requirements, granting requests to take annual leave during this time.

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