Employee refuses to serve alcohol due to religious beliefs
In the news before Christmas was the story of a Marks & Spencer employee who refused to serve a customer a bottle of champagne due to his religious beliefs. This article considers the question – to what extent does an employer have to accommodate an individual’s refusal to do a task/role due to their religion or belief?
An employee is protected from discrimination by their employer on the grounds of religion or belief under the Equality Act 2010. This includes protection from indirect discrimination where an employer applies a provision, criterion or practice (“PCP”) to all employees, which puts a person at a disadvantage because his or her religion or belief.
For example, the requirement for supermarket staff to deal with all of its products could discriminate against certain religious groups who cannot handle certain foods e.g. pork or beef.
Where an employee suffers a disadvantage, this is not always necessarily unlawful if an employer can justify the PCP as a proportionate means of achieving a legitimate aim. For example, the “legitimate aim” of requiring employees to handle all products (particularly on a check out) would arguably be to ensure the speedy service of customers.
However, an employer must look at alternative arrangements/roles within the business which could limit the discriminatory effect of a PCP.
For example, are there any other roles within the business that do not require the employee to handle beef/pork/alcohol? Marks & Spencer was criticised for not giving due attention to the suitability of the role and for failing to look for suitable alternative roles within the business. Although, Marks and Spencer has the size and resources to relocate an individual to a different department, for smaller businesses this may not be possible.
Where the PCP has a legitimate aim, is proportionate and the employer has exhausted all options to limit the discriminatory effect including exploring alternative roles within the business, then an employer has arguably satisfied all its obligations.
To limit issues such as these arising, employers should ensure that job descriptions explain the nature of the role clearly so that any issues can be raised at the outset of employment. Should an employee identify at the interview stage they would not be able to carry out the role in question due to their religion or belief, then it is likely that a refusal to employ them in that role will not be discriminatory.
Employers should ensure that they have a clear Equality and Diversity Policy in place and staff are fully trained on these issues.