Supporting your employees during Ramadan
21 March 2023
What is Ramadan?
The Islamic holy month of Ramadan is a special time of fasting and charitable giving. Many practising Muslims will fast between the hours of pre-dawn and sunset for the 30-day period and, after the final day of Ramadan, come together with family and friends to celebrate its ending with the “festival of breaking the fast” known as Eid al-Fitr.
This year, Ramadan begins on Wednesday 22 March or Thursday 23 March, following the sighting of the moon over Mecca. It is due to end on Friday 21 April or Saturday 22 April with three days of celebrations for Eid.
How is Ramadan marked?
Ramadan is a time of compassion, forgiveness and reflection. It is also a month of empathy and solidarity with those less fortunate. For many Muslims, fasting (sawm) during the day is an opportunity to renew their awareness of and gratitude for God’s provisions. However, Ramadan is celebrated in many different ways around the world and not all Muslims will observe it. In particular, those with ill health, or who are travelling, elderly, pregnant, breastfeeding or menstruating are not expected to fast.
What should employers consider?
It is important for all employers to understand what Ramadan might mean for employees who are observing it – from the practical effects of changes to daily routines and sleeping patterns, to how they can best be supported during this time.
To establish an inclusive workplace, employers should consider appropriate measures to support their employees and handle any requests in a sensitive manner. Employers could consider:
- their flexible working and remote working provisions;
- making temporary adjustments to hours, meeting times and the consumption of food (for example meetings over lunch);
- how they manage requests for leave;
- whether they provide a quiet space for reflection and prayer;
- how they support colleagues in their charitable endeavours (for example through corporate social responsibility/ volunteering days and raising money); and
- whether they need a specific policy on religious observance to formalise their approach.
Guidance
Acas has published helpful guidance on religion or belief discrimination with key points to consider in the workplace, including sections on religious holidays/ festivals and fasting. There is no statutory right to time off for religious reasons. Reasonable requests should be considered carefully and accommodated where possible, but employers can refuse requests for sound business reasons which are proportionate, appropriate and necessary.
The guidance suggests that employers might find it beneficial to develop policies on handling requests related to religion or belief, including taking time away from work. It recommends that employees should tell their employer if they are fasting, and the employer should consider how to support them through this period.
Equality Act 2010
The Equality Act 2010 protects employees from discrimination, harassment and victimisation because of religion or belief. This encompasses any religious or philosophical belief, or a lack of belief. Employers should be alert to potential claims for direct or indirect discrimination, harassment or victimisation and be aware of the steps they can take to help prevent discrimination in the workplace. In particular, religion or belief discrimination can arise in recruiting staff, dealing with requests for annual leave or time away from work for religious reasons and setting dress codes.
Employers also need to be careful not to favour the needs of one religious group over another, so that those of a different religion, or of no religion or belief, are put at a disadvantage. If an employer grants a request for adaptions to the working day, they should also ensure they remain compliant with their obligations under the Working Time Regulations 1998 – in particular, employees’ entitlement to rest breaks of at least 20 minutes during any working period of at least six hours.
Our team of specialists advise both employers and employees on all aspects of employment law, including discrimination law and workplace grievances. We also offer courses, including on Equality, Diversity and Inclusion and can review and give advice on workplace practices, policies and key documents. If you require more information or have any questions, please email Birketts’ Employment Law Team.
We would like to wish all those taking part a very peaceful and happy Ramadan.
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Sonya O’Reilly
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Natasha Thompson
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Siema Salam
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The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at March 2023.