Each month, Employers Direct gives small business leaders FREE, confidential advice on how to avoid discrimination claims.

Here are three questions asked by anonymous UK bosses in July, plus the answers we gave to keep them out of trouble…

“My employee is a security guard and he failed a drug test. He is Rastafarian and says smoking cannabis is part of his religion. Can I take action against him?”

The Equality Act 2010 protects individuals, including Rastafarians, from discrimination because of their religious beliefs. But that doesn’t mean your employee can come to work under the influence of drugs.

Intoxication prevents your security guard from doing his job safely. So it’s in your right to discipline him, whatever his religious beliefs.

Drug use at work can count as gross misconduct and lead to summary dismissal. But you still need to follow your disciplinary process before making this decision.

Finally, make sure that your approach to drug testing is fair and you aren’t singling your employee out because he is Rastafarian. Otherwise, he could claim you’re discriminating against him because of his religion.

“I’m hiring a new employee, but the job means they’ll have to handle pork. Should I tell Jews and Muslims not to apply?”

You can’t say you won’t accept job applications from Jews or Muslims. It’s against the law.

When advertising the role, make sure the job description clearly states that the worker will have to handle pork. It’s very unlikely that practising Jews or Muslims will apply for the role.

And if someone does apply but can’t work with pork products, consider any ways to remove the exposure before deciding not to hire them.

“I think my new employee is pregnant. I don’t want to fork out for maternity pay. Can I dismiss her?”

No, dismissing an employee for being pregnant (or possibly being pregnant) is against the law. Your employee could take you to a tribunal for discrimination.

The good news is maternity pay probably won’t cost as much as you think.

Firstly, you may not have to pay Statutory Maternity Pay if your worker has only been with you for a short time.

Secondly, if you do need to pay Statutory Maternity Pay, you can claim 92% of it back from the government. And if you qualify for Small Employers’ Relief, you can reclaim 103%—so you’ll get more money out then you put in.

Facing an employment law challenge?

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