Childcare Counsel - prayer time, data access

Q. A staff member has requested 1.5 hours off work every Friday for religious reasons, to make up at another time. Do we have to agree?

A. Religion or belief is one of nine ‘protected characteristics’ covered by the Equality Act. If an employee requests leave for a religious occasion, employers should seek to accommodate the request where possible. If you refuse you will need to be in a position to demonstrate that, having weighed up the reason for the request, the impact on the employee if the request is refused and the impact on the business of allowing the request, the refusal can be justified.

A tribunal considering a claim for discrimination would need to be satisfied there was a compelling business need to refuse leave. If the proposed working pattern cannot be accommodated, consideration should be given to alternatives.

Q. We have received a data subject access request from an ex-employee. We suspect she intends to bring a claim arising out of her dismissal and is fishing for evidence. Do we have to respond?

A. Such requests are often made in the background of an ongoing dispute or tribunal claim. This is particularly so where the individual is seeking to leverage a settlement. However, in general, the individual has the right to obtain copies of any of his or her personal data, regardless of the motivation for the request.

Assuming the request is properly made and no exemptions apply, the nursery should provide the information without undue delay and, in any event, within one month. When calculating the one-month period for response, the day of receipt is day one, rather than the day after receipt.

Failure to comply with a data subject access request can result in court action or a complaint to the Information Commissioner's Office and enforcement action.