Muslim Bristol postal workers lose case for prayer breaks
Two Muslim postal workers in Bristol have failed in a religious discrimination case against Royal Mail after bosses refused their demands to have extra time off to pray.
Abdinour Omer and Guled Bashir claimed they needed to pray up to five times a shift and wanted extra breaks.
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But their Royal Mail bosses refused the request, claiming they were entitled to no more rest periods than their non-Muslim colleagues.
Mr Omer and Mr Bashir took the company to an Employment Tribunal in Bristol, claiming religious discrimination.
The hearing was told the Somali-born agency workers – who cannot speak English – wanted three additional breaks during their 4pm to midnight shift at the main sorting office in Bristol.
But the pair dropped their claim just hours into the hearing after being told they had no chance of winning.
Mr Omer and Mr Bashir's legal representative was warned that tribunal chairman Clive Toomer would "almost certainly" reject their claim.
Earlier this year, Mr Toomer found in favour of Royal Mail when he dismissed similar claims of religious discrimination from the pair's former colleague, Abukar Jimale.
Speaking at the start of the hearing, Mr Toomer criticised the case and said it should have been combined with Mr Jimale's to save money.
"They have settled because they were told by their solicitor that they have a very, very slim chance, almost no chance of winning," said Mr Omer and Mr Bashir's translator.
"The judge had heard a very similar case a few weeks ago and he found in favour of Royal Mail, so he was certainly going to do the same in this one."
The case was settled before any witnesses were sworn in. No compensation was made and no concessions were made to increasing prayer time in the sorting office.
The translator also said the pair were fortunate the judge did not order them to pay Royal Mail's legal defence costs.
"They haven't been given any money and no changes have been made," he said.
"They are very fortunate not to have to pay the legal costs for Royal Mail."
Mr Toomer told the tribunal: "The claimants wish to withdraw their claims in the proceedings and the respondents have agreed.
"I propose on the respondents' undertaking to make no application for costs providing those two claims are withdrawn."
Royal Mail said the decision was a victory for common sense and that the pair could have prayed during their breaks.
"The two men were agency staff who were hired by Royal Mail to work in the distribution centre.
"The worked the night shift between 4pm and midnight and, as any employers would do, we gave them breaks in that time during which they could have prayed," it said.
Mr Omer and Mr Bashir, who worked at the South West Distribution Centre in Severn Beach, near Bristol, have since left their jobs.
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by john, centre
Saturday, October 18 2008, 5:35PM
“Grahame
Constitutional law is a "branch" of the common law, which is both written and unwritten.
Contract law is also a branch of the common law.
Magna Carta is regarded as a special constitutional statue as is the Bill of Rights 1689 - for England and Wales.
There are many other special constitutional statues and cases.
Acts of Parliament are among the most important sources of the constitution.
Recent changes to the constitution also include the Constitutional Reform Act 2005 which alters the structure of the House of Lords to separate its judicial and legislative functions
Do your research before commenting.”
by Grahame, Central Bristol
Friday, October 17 2008, 3:30PM
“@ John, Centre
We have a system of common law which goes back to Magna Carta - not a constitution.
Britain is one of only two countries in the whole world which doesn't have a written constitution. We share this proud distinction with Saudi Arabia!
Calling 'common law' a 'constitution' doesn't make it one.
Considering the context, someone who thinks we do indeed have a 'constitution' and thinks others are 'twits' for pointing out he's wrong, is being perilously close to oxymoronic. ;)”
by Martin, Knowle,Bristol
Friday, October 17 2008, 7:24AM
“Good piece Postal worker. I assume you meant "UK" when you said white and "from vastly different cultures" when you said non white.
can't see why the government is entirely to blame though. They have tried to bring in equal pay and equal rights for the same job. Even for agency staff. I put it down more to corporate greed culture, constantly looking for legal ways to get round employment laws and sacrificing ethics in the process in their constant drive for more profit ( or just any profit in RMs case). Companies say they need agency staff to cope with fluctuations in workload but in my experience they are often used permanently. This type of thing is considered to be good business practice”
by Postal worker, Bristol
Friday, October 17 2008, 6:26AM
“I work at Filton and can confirm that the number of non white workers has escalated greatly over the past couple of years, especially Somalis and East Europeans, and that a number of these have very little understanding of the English language.
As tbe expected, their sorting is poor, and sadly it has to be said that some of them do take advantage of the fact that RM is scared of disciplining them for fear of accusations of racism. No wonder they believe that they can go to court and make ridiculous attempts at getting more breaks.
Of course, many of the indigenous workers aren't happy at all about the situation, and with non white numbers ever increasing it is a joke frequently made against the younger members of staff that within a few years they will be the only white face in the building.
Jokes aside, it does cause alienation, as neither party has any interest in mixing with the other on account of differences of culture, language, religion, or whatever; the two simply don't mix.
Unfortunately it is clear that the only reason RM takes on these people is that they will work for less pay, accept less benefits and allowances, and that they don't join unions, all of which takes preference over any actual ability as to whether they can do the job.
Sadly, this is a nation-wide problem judging by the treacherous actions of this present government.”
by john, centre
Friday, October 17 2008, 3:13AM
“Grahame, Central Bristol states "Finally - we don't have a constitution" do not coment on matters you know nothing about, you twit. The constitution of this country goes back to Magna Carta. It seems that people are making coments and know nothing about the law.”
by Martin, Knowle,Bristol
Thursday, October 16 2008, 11:37PM
“Agreed. All the Abrahamic religions are dogmatic. Uncompromising and intolerant to reason if it affects the particular faith. Its always in the abrahamic religions mission statements (no other gods etc) and why those with a secular or atheist outlook are often bizzarely accused of following false gods. fortunately the courts are secular and long may they stay so.
Anyway I still find it incredible that royal mail are happy to employ non english speakers.”
by Monsieur Rioux, Canada
Thursday, October 16 2008, 11:21PM
“Tony said: " ...employing non English speakers is preferred as they just learn to identify postal codes..."
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True or not, what about health and safet rules?”
by Dhimmi, Bristol
Thursday, October 16 2008, 6:35PM
“The point seems to been lost...
It doesn't matter what skin colour people are, or what language they can or cannot speak. The two men have attempted to force the Post Office to adopt its working practices to accomodate Islamic needs. As Islam grows within the U.K. many more organisations will face this challenge, whilst Islam, which can has just one strict interpretation cannot adapt ITSELF to fit the non-islamic world its followers have chosen to live in.”
by Alex, Bristol
Thursday, October 16 2008, 5:59PM
“Northsider, you are a fine one to talk about bleating!!
Guess it takes one to know one.”
by The Northsider, Gas Lane....
Thursday, October 16 2008, 5:25PM
“Jon ..Nice One!
Alex/George..Do you ever stop bleating?”