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Since the incident, a spokesman for M&S has indicated that if an employee’s religious beliefs restrict food or drink that they can handle, the company would in fact work closely with the member of staff to place them in a suitable role and it was regrettable that guidelines had not been followed on that occasion.This failure, if true, is unfortunate – but for those who are up in arms with M&S, an understanding of the law may put the company’s actions and the dilemmas facing employers into some perspective.

The tribunals and courts would need to determine whether or not an objection to handle certain goods was “intimately” linked to the religion or belief and that the policy in question would disadvantage the employee and others who shared his or her religious belief.Accommodations are not one-size-fits-all and the needs of an individual change over time so revisiting and updating accommodations may be necessary.Demonstrating creativity, flexibility, a willingness to listen, and commitment to implementing the accommodation in a timely manner can help to build trust between the individual and the manager.While anecdotally, we hear that most private employers only have 1 to 2 percent of candidates and employees self-identifying as a person with a disability, the reality is that the number of people with non-obvious disabilities like mental illness is much higher.The recent coverage of Marks & Spencer’s policy of allowing its members of staff to refuse to serve customers trying to buy pork or alcohol may have generated a lot of criticism, but it should be understood within the context of the current legal position. Employment law manual: Religion or belief discrimination Policy on religious observation during working hours Religious holidays policy Why should employers raise awareness about religion and belief in the workplace?

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