When work and religion clash

A Muslim bus driver sparked anger and outrage recently when he stopped his passenger bus so he could pray.  The driver pulled over, placed a jacket on the floor, removed his shoes and knelt down to pray for five minutes.

The bus passengers were bemused and angry, with some apparently terrified that the bus was about to be blown up.

Following the incident, the driver didn’t face any disciplinary action, although Transport for London has issued an apology and spoken to the driver concerned.

But how much are employers expected to accommodate religious practices? 

Well, practicing Muslims are expected to pray five times a day and this can take up to 15 minutes.  Many Muslim’s will not require any special measures to be taken at work and more devout followers can often pray in an office or spare room during their break times.

Legislation prevents discrimination in the workplace for religious or philosophical belief and employers should bear in mind that this doesn’t just apply to traditional religions.  A recent case found that a strong belief in climate change was capable of being a belief for the purposes of discrimination legislation. 

In general, preventing an employee from taking time out so they can pray will constitute indirect discrimination. However, there is an exception to this if the employer can demonstrate that it’s objectively justified.

The problem in the bus driver’s case arose because he chose to stop and pray despite being in the middle of a bus route, causing disruption to traffic and the passengers on board. 

Transport for London clearly has a diverse workforce, and has taken steps to accommodate the requirements of its religious employees.  Some of its depots contain prayer rooms, and employees are able to pray between journeys.  The key issue here is whether Transport for London would be at risk of a claim if it had taken disciplinary action and dismissed the employee. 

A tribunal would consider all the circumstances surrounding the event.  It’s possible that a tribunal would find that the need to get passengers from A to B, without causing major disruption to London traffic, would be an objective justification to them preventing drivers from praying mid-route.  A tribunal would also consider if a five minute prayer break would impact upon the service, how often the employee needed to pray, and whether steps had been taken to accommodate his requirements.

However, Transport for London would still need to follow the correct disciplinary procedure – which must be fair and consistent.

Those who regularly travel in London will probably have experienced similar hold ups.  It has been known for drivers to stop mid route for cigarette breaks, toilet breaks, to go to the shops.  On one occasion, a bus driver even took a quick detour, taking his bus and passengers to his home.  Unless Transport for London had taken disciplinary action in each of these cases, it would have been extremely risky to take action because a driver stopped to pray.

For employers, it can be very difficult to balance the needs of religious employees with the needs of the business.

Should this driver have been sacked?  Has the incident been blown out of proportion because the driver was Muslim, or because of the perceived terrorism threat?  Or was the driver given special treatment just because he was a Muslim?

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