Well Aldeberan, I’m sorry if I offended you as regards true muslims, however, I still stick with my other points and will show you how it is likely to appear in an employment tribunal
Now as a pont of principle and honour, she might indeed has taken this course of action, however she was certainly not compelled to, in a tribunal the employer will need to demonstrate that that such converstations took place, that she was given a written warning, that the requirement for here to ahere to this rule was part of her employment contract, of which she had been given the opportunity to be fully aware, and that this was in the company handbook or company policy.
Nothing here was written down, she can deny the conversation took place, or it took place without her having a chance to put her side of the story, or that it took place when she was too busy to hear, like maybe she was already answering the phone at the time or perhaps the room was too noisy for her to hear.
She can also put her case that since this is not part of her contract, it is not a recognised company policy, that her manager is a religious zealot was simply has it in for her, and that manager did not follow company procedure such as counselling and written warnings, nor a proper written change to her contract.
Her defence is that the muslim portion of the workforce are ganging up on her, maybe because she supports the war on terror, or whatever reason she can come up with, the employer would need to demonstrate in some way that there was genuine discontent such as written complaints otherwise this is just worker tittle tattle on her because she thinks she does her job better than everyone else and that the others are simply jealous.
You see, the ‘fact’ that other workers are disturbed is not a ‘fact’ at all, unless there is some evidence it is merely an opinion.
…and how will the clientele actually know if she ate pork on the premises, do they have smelliphones over there in the US of A, in which case we could have a ‘scenternet’ on dial-up perhaps, bit of Aramis in the cable lines eh ?
Utterly irrelevant!
Employer would need to demonstrate that her behaviour was compromising health and safety, this would usually be done by showing accident and near-accident report forms, how would that work ?
‘I was lifting a very heavy box and injured my back, I should have used the correct lifting appliance in accordance with company safety policy but I was so upset at XXXX behaviour in the canteen today that I neglected to do so’
or maybe
‘I nearly fell down the stair on a fresh mopped wet floor, despite there being warning signs. I did not see them because I was thinking about the behaviour of XXXX in the canteen today whose lack of religious respect distracted me’
I simply cannot see any health and safety issue here, nor can I see any reason whatsoever that any employee would be able to quote this persons behaviour in the canteen as an overriding or contributary factor to a health and safety incident.
Every employee has an absolute duty to comply with health and safety legislation, and to cooperate with the employer on achieving a safe workplace, this cannot by any stretch of the imagination be held as an issue that could affect the health and safety of others, even if they find it offensive.
…and your earlier words…
Your earlier words make no mention of wether someone was hired for a particualr task, what your earlier words actually say is that if you were the manager, employees must do what you ask or order, what you mean and what you say are rather differant, what would a tribunal make of that ?
Does this mean that someone who is employed by you must cut the throat of an animal because you ask, because that is also based in religion, this is where we have to start looking at what is reasonable, and what is reasonable to a person of one religion, can be a heinous sin to a person of another religion, the attempt to enforce a religious based employment policy on a person who does not subscribe to that religion, without this written into their employment terms prior to said employment or without proper written consultation, is not reasonable.
Glad you have a sense of humour, but of course, the devil is always in the detail, and lawyers are sometimes described as having shaken hand with the devil(tongue in cheek of course)
No-one is perfect I guess.
So you are stating my opinion for me, clearly you have great enlightenment, however, since I would be standing right next to you at the tribunal, the chair would almost certainly ask if I actually said that, or that I implied it, you would then be asked to strike the comment, I have learned from mistakes in tribunals, as a general rule it is not a good idea to state what a persons opinion is, especially if it is controversial and the person is in the room or available to rebut the claim.
Set policies and employment conditions that discriminate against others on the basis of sex, or race or religion, unless that post is a specifically excepted one such as a personal home help for example.
At present discrimination on the ground of age, sexual orientation varies from nation to nation, government agencies will include these as discriminatory practices, and most large corporations, especially those who get contracts from the government will also work along the same lines.
A Muslim employer is an employer, nothing more nor less, same as a Jewish employers, or Catholic one, or completely secular employer.
The employer would likely come to some arrangement, this company is operating in the US and in the current anti-Islam climate with which the US is sadly burdened, could well do without the adverse publicity, it might not be how you wish it should be but it is how it is.
The employee in this case is on to a loser in the non-legal sense, even if she wins her case, which is likely.
She will become less popular at her workplace, if she continues to work there it will not be pleasant, and just about everyone infringes company policy and some time or another, its just that good managers do not want to lose good employees and generally will have a quiet word or maybe push out a written warning.
If she leaves voluntarily she might get an agreed good referance, but she will still have to find an alternative job, but if she tries to stay, she will probably find herself at the wrong end of company policy, and her referances will not be much good after that.
I could win her case, but I doubt it would be worth it to her, and I would advise mediation and compromise before getting anywhere near an employment tribunal, and the employers representatives would most probably agree.