CALLING ALL
READERS
We want to hear your employment law
problems. Send us your dilemmas to
feature here next month.
Email: chris.beck@markallengroup.com
by resigning and claiming
constructive unfair dismissal,
and possibly breach of Article 8
European Convention on Human
Rights – the right to privacy.
If, in all the circumstances,
you think it’s appropriate to
take disciplinary action, be
sure to follow your disciplinary
procedure and the Acas code
of practice to ensure you do
it fairly. This is also a good
opportunity to remind all
employees of your mobile phone
policy, or to circulate a new one.
We have recently hired
two Muslim members
of staff for our shopfloor. As
part of their faith, they need
to pray twice a day, which we
are happy to accommodate.
However, another member
of the team has complained
about the perceived ‘breaks’
our two new employees are
‘enjoying’ while they’re at
work. We obviously can’t
deny them the chance to
practise their faith, but is
there anything we can do
for the rest of the shopfloor?
It is easy to miss the real
issue here: not the Muslim
employees taking prayer
breaks, but the employees
who are complaining about it.
You’re already accommodating
employees’ prayer breaks,
so we won’t set out the legal
landscape on that subject. As
you’re now experiencing, whilst
it is one thing to be a respectful
employer, it is another to ensure
your employees are respectful
of each other.
A knee-jerk reaction to allow
other employees a break for the
same duration could result in you
indirectly discriminating against
the Muslim employees, undoing
all the good work you’ve done in
preventing discrimination in the
first place. Prayer breaks are not
the same as rest breaks, which all
employees are entitled to under
the Working Time Regulations.
Be careful not to confuse the two.
Consider whether the
complaining employees have
received equality and diversity
training and can this be proved?
If yes, do they need further
or refresher training? Does
everybody? Employers often roll
this out as part of an induction
programme and do not think to
revisit it. Here’s a good reason to.
As an employer, you can
be held vicariously liable for
discrimination, harassment or
victimisation by your employees.
This means that you could be
footing the bill at an Employment
Tribunal for your employees’
conduct. There is, however, a
defence available if it can be
shown that the employer took
“all reasonable steps” to prevent
the employee from doing the
discriminatory act or from doing
anything of that description.
Comprehensive and regular
training is a good precursor to
running this defence. That said,
it shouldn’t just be an exercise
in covering your back. You
have a duty to provide a safe
environment for all employees,
and that’s ignoring the benefits
of a happy workforce.
Don’t automatically dismiss
the complaints as unfounded
either. Are there any operational
issues on the shopfloor during
these times which have
resulted in employees being
overstretched, or customer
service being compromised?
If this is the case, consider
whether it could be alleviated
by some restructuring some
of the operations on the floor.
Know your law...
Under the
Working Time
Regulations of
2007, workers have the right
to one uninterrupted 20
minute rest break during their
working day, if they work
more than six hours a day.
www.manufacturingmanagement.co.uk 13 13
/www.manufacturingmanagement.co.uk
link