When Work and Religion Clash

A Muslim bus driver has sparked anger and outrage, after he stopped a bus full of passengers 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 driver did not face any disciplinary action, although Transport for London has issued an apology and spoken to the driver concerned. This incident raises some interesting points about the extent to which employers are expected to accommodate religious practices. How far is an employer obliged to go? 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.

Practicing Muslims are expected to pray 5 times a day whilst facing Mecca. This can take between 5 – 15 minutes. Of course, some Muslims are more devout than others and many will not require any special measures to be taken at work, and those who do are often happy to pray in an office or spare room during their break times.

Legislation prohibits discrimination in the workplace by reason of any religious or philosophical belief. In general, preventing an employee from taking time out so that he/ she can pray will constitute indirect discrimination. However, there is an exception to this if the employer can demonstrate that it is objectively justified.

A tribunal would consider all the circumstances surrounding the event. It is 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 prohibiting drivers from praying mid route. A tribunal would also consider how a 5 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.

Those who regularly travel in London will probably have experienced similar hold ups at some point. For example, it has been known for drivers to stop mid route for cigarette breaks, toilet breaks, to go to the shops etc. 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.

Many businesses will be alarmed that they may be expected to allow Muslim employees to stop work to pray, whatever the circumstances. Admittedly, it can be very difficult to balance the needs of religious employees with the needs of the business.

When considering the implications of this case, perhaps it is worth asking whether the response would have been different if the driver had stopped the bus to make a 5 minute phone call.