Useful links

Chris Chapman reports.

As ethical objections to providing contraception services hit the headlines again, Chris Chapman unravels the rules

Religion in the workplace is a sensitive issue, but one that’s vital for pharmacists to understand. According to the 2001 census, three quarters of the population believe in a higher power. Around seven in 10 are Christian, 2.7 per cent Muslim, 1 per cent Hindu and 0.6 per cent Sikh. It’s therefore likely that the majority of a pharmacy’s staff are religious – and they have rights.
And it’s something pharmacy employers recognise. Boots says it tries to accommodate religious beliefs “where practicable”, but says it has to balance the needs of employees with providing a high standard of customer care.

Religion in the workplace is governed by Employment Equality regulations, which protect employees against discrimination on the basis of race, gender, sexual orientation, age and religion.

Religion is only loosely defined, and it is up to an individual court to decide what counts. While the regulations are primarily to prevent harassment and ensure equal opportunities, they can impact on all areas of work, from dress code to break times. But perhaps the most important for pharmacy is the right of employees to opt out of delivering a service because of their beliefs.

Pharmacists have the legal right to refuse to provide a service, such as emergency hormonal contraception, because of religious or ethical beliefs. According to the RPSGB Code of Ethics, it is up to individual pharmacists whether they decline to offer a particular service. If they do decline, the code says they must ensure “the relevant persons or authorities are informed, and patients referred to alternative providers”.

The General Pharmaceutical Council, taking over regulation of pharmacy this year, has confirmed this ‘conscience clause’ will continue. However, additional requirements, such as displaying signs informing customers of the clause, may be required.

Pharmacists shouldn’t try to dissuade a person from the service on religious or ethical grounds. “Any attempt by a pharmacist to impose their beliefs on a member of the public seeking professional guidance, or failure to have systems in place to advise of alternative sources for the service required, would be of great concern to the RPSGB,” says a Society spokeswoman.

Another area of contention is dress code. For example, the Sikh Federation points out that Sikh employees have the right to wear articles of faith at work under the Race Relations Act, including the kirpan, a ceremonial dagger.

The religious dress of Muslims varies, the Muslim Council of Great Britain (MCGB) says. It recommends employers ensure any dress code can accommodate requirements to prevent indirect discrimination.

The MCGB recommends the dress code for women should allow the whole body to be covered except the face and hands. For men, the body needs to be covered from navel to the knees, and employees should be allowed to grow a beard.

According to a spokesperson for Boots, it is best to work closely with employees to ensure any attire meets the company’s brand values.

  • Employers do not have to give employees time off for prayers, and can expect them to pray in their break. However, the MCGB warns that it could amount to indirect discrimination if an employer can make allowances but refuses, or if other employees are allowed to take additional smoking breaks.
  • Employers do not have to grant requests to move lunch breaks or give time to Muslims to break their fast during Ramadan, but would need to justify refusing a request because of a legitimate business need that cannot be met otherwise.
  • Employers do not have to make costly adjustments to provide prayer space, but if it is possible to provide a room without an adverse impact on the business, it could be construed as discrimination to refuse.