Background/facts

In this case a Muslim employee worked as a security guard and the employer required all security guards to remain on site throughout their shifts.  As a result, the employee was refused permission to travel to Friday prayers at a mosque nearby.  The employee claimed, amongst other things, that the employer had imposed a provision, criterian or practice (PCP) by requiring him to remain at work on Friday and this was indirect religious discrimination under the Employment Equality (Religion or Belief) Regulations 2003.  The Tribunal dismissed the employee’s indirect discrimination claim and he appealed to the Employment Appeal Tribunal. 

Decision/comment

Dismissing the appeal, the Employment Appeal Tribunal upheld the original decision.  It found the employer had satisfied the Tribunal that, although this was a PCP, it was nevertheless justified as it was a proportionate means of achieving a legitimate aim.

It is important to note in this case that, although it was clear that the requirement for the employee to remain at work was a PCP, various reasonable steps taken by the employer to mitigate the affect of that PCP were taken into account by the Judge.  The employer had specifically allowed him a prayer room on site and had given the option on working either a Saturday or Sunday rather than a Friday.  These factors plus the fact that the employer would be in danger of financial penalties, or even losing its contract, if the security staff were not on site during the day meant that the employer’s arguments prevailed.

This is a sensible decision and demonstrates that, where there is a substantial business need for a PCP, then even if that is discriminatory, an employer who takes reasonable steps to offer alternatives can more easily defend a claim for indirect discrimination.