US Edition
Not everything that happens in the workplace to a Muslim will be related to religion, a tribunal judge has said.
Employment Judge Kirsty Ayre ruled an NHS consultant was not discriminated against after bosses told her to roll up her sleeves at work in line with hygiene rules.
Dr Farhat Butt, who wears a hijab and covers everything other than her hands, feet and face while in public, said she was “racially profiled” and then “bullied” by managers into exposing her forearms.
She had stepped outside into a hospital corridor, which she believed was a non-clinical area and meant she didn’t have to comply with the “bare below the elbow” hygiene policy, when she was spotted and an altercation unfolded that “escalated very quickly”, an employment tribunal heard.
She sued the health service for religious discrimination and harassment.
However, her claims were dismissed after the tribunal ruled the row did not relate to her being a Muslim.
The tribunal heard Dr Butt worked for an NHS Trust in Bradford but worked one day a week as a visiting consultant ophthalmologist at Airedale General Hospital, in Eastburn, West Yorkshire. On days she works, she carries out an ophthalmic surgery.
The panel heard there were hand hygiene guidelines in place that required staff to be “bare below the elbows to facilitate effective hand hygiene”.
‘No clear definition’
However, the code says while “we expect all members of staff in clinical areas to be ‘bare below the elbows’ we also recognise the specific needs of our staff on cultural, religious or disability grounds” and offers disposable sleeves as a result.
This also applied to uniform policy but Dr Butt said there was “no clear definition” of where the non-clinical and clinical areas were.
“When she is working in what she considers to be a clinical area, she ensures that her arms are bare below the elbow,” the hearing was told.
However, when she left clinical areas she would roll her sleeves down so that her forearms were covered.
On Dec 6 2022, she was “challenged” about not having her sleeves rolled up. After leaving the operating theatre to go to the bathroom to make a phone call, she had her sleeves “fully down” by the time she was in the corridor.
Mary Hytch, the director of nursing, and two other bosses saw Dr Butt. Mrs Hytch believed her to have been in the anaesthetic room without her sleeves rolled up and to get her attention, she raised her voice slightly and said: “Excuse me.” She then asked her to roll her sleeves up.
This left Dr Butt “upset” at being challenged and this showed in her reaction in an altercation which “escalated very quickly” and during which voices were raised on both sides.
‘Bullied’
The panel heard Dr Butt was “not happy” and “very upset” at being challenged because she believed she was complying with the policy.
After the length of her fingernails was also criticised, Dr Butt was “unable to continue at work” and cancelled her operating list for the day.
In an email, she said she had been “racially profiled and bullied into rolling her sleeves up”.
After no outcome was reached in an informal manner, Dr Butt escalated her complaint and said the situation which had made her “feel targeted” had not been handled “professionally or appropriately”.
She refused mediation and an independent investigation was launched in March 2023 as she complained of “deep-rooted problems” with discrimination.
A report found Mrs Hytch’s request for Dr Butt to be bare below the elbows was “not racially motivated but rather a request made to ensure adherence to the policies”.
However, it was recognised that the incident had been “stressful” for her, and found it was “disappointing” that the discussion had escalated so quickly.
She also complained about an incident on Dec 13 2022 when a nurse approached Dr Butt and “instructed her to roll up her sleeves”.
Row escalated quickly
However, Judge Ayre concluded the initial challenge of Mrs Hytch was “not because of religion” and therefore not discriminatory.
“Not everything that happens in the workplace to a Muslim worker will be related to religion, and [Dr Butt]’s own evidence was that religion was not discussed on the day,” she said.
“Rather, she gave another reason at the time for not rolling her sleeves up, rather that she believed she was in a non-clinical area of the hospital.
“We accept that the initial challenge was polite and find that the reason matters subsequently became heated was because of [Dr Butt]’s response to being challenged, combined with Mrs Hytch’s response to her not doing as she was asked.
“We also find that the reason Mary Hytch initially challenged [Dr Butt] was because she genuinely believed that she was in breach of the policies.”
However, she added: “The situation was not handled well by either party and as a result it escalated quickly.
“It cannot however be said that the escalation was because of religion.
“There are plenty of altercations that take place in the workplace because both parties become angry and upset, and we find that was the case here.”