Managing workplace religious expression within the legal constraints

DOIhttps://doi.org/10.1108/ER-03-2015-0054
Published date04 April 2016
Date04 April 2016
Pages406-419
AuthorAndrew Hambler
Subject MatterHR & organizational behaviour,Industrial/labour relations
Managing workplace religious
expression within the legal
constraints
Andrew Hambler
University of Wolverhampton Business School,
University of Wolverhampton, Wolverhampton, UK
Abstract
Purpose The purpose of this paper is to consider in broad terms how employers may respond to different
forms of religious expression by employees in the workplace, within the discretion afforded to them by law.
Design/methodology/approach Through a discussion of relevant legislation and case law, and a
review of relevant literature, it seeks to identify the legal constraints within which employers must operate
when determining policy and practice in this area and gives consideration to how they should respond.
Findings It is observed that employers enjoy considerable freedom either to impose restrictions or to
encourage religious expression.
Originality/value The paper considers some of the over-arching principled arguments both for and
against encouraging religious freedom at work, whilst concluding that support for religious expression
may be the better option, not least for the positive benefits for employee well-being, commitment and
engagement which, it is argued, may result.
Keywords Religion, Diversity, Discrimination, Equality, Religious expression
Paper type Viewpoint
1. Introduction
On Monday 14 July 2014, a Muslim cashier employed by Tesco (in Neasden, London)
reportedly declined to serve a customer who was trying to buy wine and meat because he
said it was Ramadan, and he suggested she go to the self-service till instead. Shecomplained
and the store manager had to decide how to address the issue in a pragmaticway without
the aid of any clear policy guidelines. He also told the customer to use self-service. This story
made it to the pages of the Daily Mail (Fagge, 2014), including a sympathetic interview with
the irate customer, and so generated negative publicity for the supermarket chain.
This particular(and rather minor) incident is one of many everydayexamples of what
can be a potentially vexing issue for managers and indeed for organisational policy
makers how to deal with religious expression by employees in the workplace? Recent
survey findings, published by the Equalities and Human Rights Commission, provide
evidence that the problem is a real one for many employers, a general finding being the
need for a greater understanding of when, and in what ways, requests relating to an
individuals religion or belief should be accepted(Mitchell et al., 2015, p. 11).Employees
may wish to express their beliefs in a number of ways (Hicks, 2003) and these can have
differential effects on the organisation. There are numerous examples of forms of
religious expression, but the majority (and certainly those forms which have led to legal
disputes at work) can be categorised under the following broad groupings:
(1) Dress/personal appearance: many religious adherents choose (or feel obliged) to
express their religious beliefs through dress and grooming or the wearing of
religious symbols (Howard, 2012). Sikh women, for example, may wear the Kara
bracelet and some Sikh, Jewish and Muslim men may choose to wear facial hair.
Employee Relations
Vol. 38 No. 3, 2016
pp. 406-419
©Emerald Group Publishing Limited
0142-5455
DOI 10.1108/ER-03-2015-0054
Received 26 March 2015
Revised 30 June 2015
Accepted 22 July 2015
The current issue and full text archive of this journal is available on Emerald Insight at:
www.emeraldinsight.com/0142-5455.htm
406
ER
38,3

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