T&G claims first
religious discrimination victory

19 January 2005 - The Transport and General Workers' Union has claimed its first victory in a case of religious discrimination under new legislation that came into effect in December 2003. According to the T&G press release:

A Leeds tribunal has ruled in favour of T&G member Mohammed Sajwal Khan, who was sacked after he took extended leave to make a once-in-a-lifetime religious pilgrimage (hajj) to Mecca.

Mr. Khan had worked for NIC Hygiene as a bus cleaner for more than seven years when he decided to make the pilgrimage, and applied to use all his annual leave allowance. When he did not get a response his union, the T&G, advised him to submit a written request. As Mr. Khan still did not receive a response, his manager said he could assume the leave had been granted. However on his return to the UK from the six-week trip, Mr. Khan was suspended without pay and later sacked.

The tribunal found in Mr. Khan's favour and awarded him £10,000 in compensation, however he is unlikely to receive the full sum due to the company's financial problems. Mr. Khan has said that he and the union fought on the principle rather than the money.

Phil Bown, T&G Regional Industrial Organiser who represented Mr. Khan said: "Mr. Khan was treated appallingly by his employer and this case should serve as a warning to other employers who ignore or flout new anti-discrimination laws. Islam requires those Muslims who can make the pilgrimage to Mecca to do so once in their lives and we warned the employers that they risked losing a discrimination case. The T&G has worked with a number of companies to review the issue of extended leave and has produced guidance on the subject.

"The T&G is proud to have backed Mr. Khan all the way through the case and this success is a tribute to the benefits of an organised union."

The T&G has produced a T&G negotiators' guide on Race Equality which includes guidance on religious discrimination and highlights the issue of extended leave.

See also Religion, Belief and HR

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