Not every workplace row involving Muslims will be related to religion, a tribunal judge has said. 

Employment Judge Kirsty Ayre has ruled that a heated row between an NHS consultant and her nursing colleagues was not initiated ‘because of religion’.

Dr Farah Butt, who wears a hijab and covers up everything other than her hands, feet and face whilst in public, sued for discrimination after bosses told her to roll up her sleeves at work.

She claimed she was ‘racially profiled’ and then ‘bullied’ by managers into exposing her forearms.

Dr Butt 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.

But she was spotted and a heated altercation unfolded which ‘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 had nothing to do with her being a Muslim.

The tribunal heard that Dr Butt worked one day a week as a visiting Consultant Ophthalmologist at the Airedale General Hospital, in Eastburn, West Yorkshire

The tribunal heard that Dr Butt worked one day a week as a visiting Consultant Ophthalmologist at the Airedale General Hospital, in Eastburn, West Yorkshire

The tribunal heard Dr Butt worked for an NHS Trust in Bradford but worked one day a week as a visiting Consultant Ophthalmologist at the 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 which required staff to be ‘bare below the elbows to facilitate effective hand hygiene’.

However, it adds ‘whilst, 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.

The Leeds tribunal was told when a member of staff sees a colleague not complying with the policies, they are ‘expected’ to challenge them.

‘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 and wore a full sleeved elastic and tight fitted body top, known as a scrub under top, underneath her scrubs when at work.

Airedale General Hospital, Steeton, Keighley, West Yorkshire

Airedale General Hospital, Steeton, Keighley, West Yorkshire

On December 6, 2022 – when a Care Quality Commission (CQC) team were due to visit the hospital for an inspection – 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 got to the corridor.

In an altercation, director of nursing, Mary Hytch, 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.

The panel heard she was ‘not happy’ and ‘very upset’ at being challenged because she believed she was complying with the policy.

‘[Dr Butt] perceived that she was being challenged by three colleagues who were supporting each other and that she had done nothing wrong,’ the hearing was told.

‘Both she and Mrs Hytch became heated and talked in loud voices.’

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 so she could go home.

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’.

It was however 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 December 13, 2022 when a nurse approached Dr Butt and ‘instructed her to roll up her sleeves’.

‘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.’

Post source: Daily mail

You May Also Like

Map reveals England’s fattest neighbourhoods where 1 in 3 eat NO fruit & veg

ENGLAND’S least healthy neighbourhoods – where up to a third of people…

Fauci says its a matter of ‘when, not if’ the definition of ‘fully vaccinated’ will require booster

Dr Anthony Fauci, the U.S.’s top infectious disease expert, said Wednesday that…

Home Alone actor Devin Ratray, 47, pleads guilty in Oklahoma to two counts of domestic violence case and gets no jail time

[ad_1] By Ashleigh Gray For Dailymail.Com Published: 17:19 EST, 21 February 2024…

New NIH grant supports research on Alzheimer’s disease caused by gene mutations

A new grant from the National Institute On Aging at the National…