Prayer pressure

Legislation applying to this problem can fall under religious discrimination. Notoriously, sex, religion and politics are subjects that must be avoided in conversation as they lead to disputes. The problem is that religious beliefs can conflict with the requirements of work. Different religions define different days as holy days, and as adherents to their beliefs they do not wish to work on those days.

Where there is a large workforce it may be possible to organise or amend rotas to suit. This would be difficult for smaller companies. In the situation that you face, the employer has the right to have the work completed.

Therefore, if you allow him to stop work to pray, you need not pay him for such breaks. The alternative is to extend the lengths of the working day by the periods that he takes out so, if he took three periods of five minutes during a working day, you extend the working day by starting earlier or finishing later by a total of 15 minutes.

As to a place of prayer, the premises may be small and fully occupied. It may be possible to provide a mobile screen or a room that can be set aside for periods of prayer. Alternatively, the individual may have a formal place of worship close to your premises and by juggling breaks he can be away from work during specific time periods. If there is genuinely no available space, you are not required to provide any.

Work sometimes needs to be done at a time that conflicts with someone's religious practice. If a contract needs completing and you are suffering absenteeism, you could require an employee to stay for however long is necessary. This is because of the "force majeure" situation you are in. It would be essential to explain the situation rather than issuing a peremptory instruction.

Any employee or ex-employee can make a claim to tribunal. It is important to ensure that you win as normally you will not be able to stop the claim from running except for certain limited reasons. Tribunals are won in the workplace not the court room.

You win by having comprehensive contractual documentation that meets the needs of employment law and your organisation. Among that documentation should be an equal opportunities policy that covers the issues raised. That policy should be communicated to staff upon commencing employment; be enforced; be updated periodically and be re-communicated to the staff at appropriate intervals.

If you do have proper documentation and procedures and you follow them, you reduce the chance of a claim to tribunal being made. Should one be initiated, your chances of winning are enhanced exponentially.