Ramadan is a significant month for Muslims all across the globe. This year,between 22 March and 21 April, the majority of Muslims will fast during daylight hours. In this article, we explain some of the key considerations for employers during and in preparation for this holy month.  

What is Ramadan?

Ramadan is the ninth month of the Islamic calendar, marked by a period of fasting. Fasting is one of the Five Pillars of Islam and an integral part of the Muslim faith. This means that during Ramadan, from dawn to sunset, Muslims do not eat or drink anything (including water). Exceptions to this are:

• Young children and the elderly,
• Pregnant women;
• Breastfeeding women;
• Menstruating women; and
• Those suffering from an illness. 

The 2021 Census reported that there were 3.9 million people in the UK who identified as Muslim. Many employers, therefore, will have Muslims amongst their workforces, and (without making any assumptions as to who may be Muslim and who may or may not be fasting), should be alive of the possibility that they may be observing Ramadan and sensitive to the issues that might arise as a result. There will be varying degrees as to how much each individual is comfortable talking about their religion and how this will impact their work, so remaining open about providing support to employees is crucial. 

Practical implications

There are a number of practical implications that may arise as a result of one or more of an employer’s workforce observing Ramadan. 

Fatigue/health and safety

The obligation to abstain from any food or drink during daylight hours means that Muslims will need to eat and drink outside of those hours, rising before dawn for breakfast and eating later in the evening, after dusk. As a result, staff may feel more fatigued both from the early mornings and late evenings, and/or from lack of sustenance during the day. 

The impact of such fatigue will naturally depend on whether or not the individual is doing manual or more sedentary work. However, certainly where manual labour is involved and/or the employee is in a safety-critical role, it may be appropriate to undertake a bespoke risk assessment to identify the specific risks that might arise for the employee and/or the wider workforce as a result.

Temporary changes to working hours

Employers might also receive requests from Muslim staff to change their working hours or working patterns temporarily. For instance, they may request for their working day to start earlier (thus allowing them to leave earlier), to swap shifts with colleagues, to be removed from night shifts to make the most of the hours during which their fast may be broken and/or to work through lunch breaks to leave early. 

Whilst there is no obligation on employers to agree to such requests, unless there is a particular business need which justifies doing so, any refusal may run the risk of a discrimination claim (see below). 

Time off for prayer

Ramadan is a time not only for fasting but also for spiritual renewal and repentance. Prayer, therefore, is an important facet of observance.

Provided employers are compliant with the rest break obligations under the Working Time Regulations 1998, there is no requirement to provide additional time off for prayer. However, employers may wish to adjust the timing of rest breaks (if necessary for religious observance during this period) and to have facilities available and accessible for those who may wish to pray in private to be able to do so. 

Time off for Eid

Eid is a three-day festival which marks the end of Ramadan. It is seen as Muslims’ equivalent of Christmas and may result in Muslim workers wishing to take time off during this period. 

Clearly, any holiday requests will need to be submitted in line with normal policies and procedures but (particularly if your business has a large Muslim workforce) planning for absences and/or having a policy in place setting out how competing holiday requests will be managed and resolved would be advisable. Dealing with holiday requests consistently, and having sound business reasons for rejecting any holiday request(s) will be important.

Legal implications

Whilst the Equality Act 2010 does not provide any additional protection for those observing Ramadan, all Muslims, as a religious group, are protected from discrimination, harassment and victimisation because of their religion/religious observance. 

Employers are advised to review their policies and procedures to ensure that neither they nor their working practices, inadvertently disadvantage those observing Ramadan. They should also be alive of the possibility that failing to allow an opportunity for prayer or requiring Muslim workers to take lunch breaks at particulars times and/or with their (non-fasting) colleagues may have the effect of creating an intimidating, offensive, humiliating, degrading or hostile working environment for them, regardless of the employer’s (or employees’) intention for so doing.  

Employers should also take steps to manage third-party behaviour, such as from customers and clients, who may feel they are adversely impacted by their employee contact’s observance of Ramadan, particularly if meeting times are changed to avoid fatigue or changes to shift patterns affect the employee’s availability. 

Employers should, therefore, take steps to minimise any third-party harassment by notifying clients that they have employees who are observing Ramadan and requesting flexibility and understanding as those employees endeavour to manage their work commitments within the remits of their religious observance. 

Educating staff on what Ramadan entails and why their colleagues are fasting, having up-to-date Equalities and Diversities, and Anti-harassment and Bullying Policies in place, together with robust procedures to identify and address any breaches of those policies will be important steps to avoid falling foul of discrimination laws – and in, ultimately, dodging the financial and reputational risks arising from associated Employment Tribunal claims. 

Do’s and Don’ts

Here are some of the Do's and Don’ts we advise:

• DO remember that Ramadan lasts for around 30 days. Fatigue may increase over time and the support and flexibility needed by the observer may change. 
• DO ensure your Equalities and Anti-Bullying and Harassment Policies are up to date. Remind all staff where they can be found. 
• DO encourage those observing Ramadan to let you know so that you can ensure they get the support they need. 
• DO ensure that you have a good business reason for rejecting changes in work patterns. 
• DO conduct workplace risk assessments to identify any additional health and safety issues. 
• DO raise any potential discriminatory issues with your line manager or HR as soon as possible.
• DON’T assume all Muslim colleagues will be fasting.
• DON’T automatically exclude fasting Muslim colleagues from lunchtime or work socials. Extend the invitation and give them the choice. 
• DON’T be afraid to ask someone if they are fasting.

If you require advice or assistance with any of the issues raised in this article, please contact Sheilah and the Employment team at enquiry@prettys.co.uk.