by Everything that happens in the workplace with a Muslim will not be related to religion, a tribunal judge said.
Employment Judge Kirsty Ayre ruled that 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 but her arms, legs and face when in public, said she was “racially profiled” and “bullied” by managers about exposing her forearms.
She went outside into a hospital corridor, which she believed was a non-clinical area and meant she didn’t have to adhere to the “bare below the elbow” hygiene policy, when she was spotted and a change of dressing took place which “increased Alot. quickly”, an employment tribunal heard.
She sued the health service for religious discrimination and harassment.
However, her claims were dismissed after the tribunal ruled that the row was unrelated to her being a Muslim.
The tribunal heard that Dr Butt worked for the 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 performs ophthalmic surgery.
The panel heard that hand hygiene guidelines were in place which required staff to be “bare below the elbows to facilitate effective hand hygiene”.
‘No clear definition’
However, the code states that while we expect all staff in clinical areas to be ‘bare below the elbows’, we also recognize the specific needs of our staff for cultural, religious or disability reasons” and therefore provide disposable sleeves.
This also involved a 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 hands are bare below the elbow,” the hearing was told.
However, when she left clinical areas she rolled her sleeves down so that her forearms were covered.
On 6 December 2022, she was “challenged” not to roll up her sleeves. After leaving the theater to go to the bathroom to make a phone call, her sleeves were “completely 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 she was in the anesthetic room without her sleeves rolled up and to draw attention to her, she raised her voice slightly and said: “Excuse me.” She then asked her to roll up her sleeves.
This left Dr Butt “upset” about the challenge she was giving and this showed in her reaction in an argument that rose “very quickly” and during which voices were raised on both sides.
‘Bully’
The panel heard that Dr Butt was “not happy” and “very upset” about the challenge given to him because she believed she was complying with the policy.
After also criticizing the length of her nails, Dr Butt “couldn’t continue working” and canceled her operation list for the day.
In an email, she said she was “racially profiled and bullied into rolling up her sleeves”.
After no results were obtained in an informal manner, Dr Butt raised her complaint and said the case was not handled “professionally or appropriately” which left her feeling “targeted”.
She refused to intervene and an independent investigation was launched in March 2023, complaining of “deep-rooted problems” with discrimination.
A report found that Mrs Hytch’s request for Dr Butt to bare under the elbows was “not racially motivated but a request made to ensure that the policies were adhered to”.
However, it was acknowledged that the incident was “stressful” for her, and it was found to be “disappointing” that the discussion escalated so quickly.
She also complained about an incident on 13 December 2022 when a nurse approached Dr Butt and “instructed her to roll up her sleeves”.
The series quickly expanded
However, Judge Ayre found that Mrs Hytch’s initial challenge was not “because of religion” and therefore not discriminatory.
“Not everything that happens in the workplace for a Muslim worker will be related to religion, and [Dr Butt]The evidence itself was that religion was not discussed on the day,” she said.
“Instead, she gave another reason at the time for not rolling up her sleeves, other than that she believed she was in a non-clinical area of the hospital.
“We accept that the initial challenge was polite and we see that the reason that followed was as [Dr Butt]respond to the challenge, along with Mrs Hytch’s response to not doing as she was asked.
“We are also finding that it is the reason why Mary Hytch protested in the first place [Dr Butt] because she really believed that she was breaking the policies.”
However, she said: “Neither party dealt with the situation well and as a result it escalated quickly.
“However, it cannot be said that the increase was due to religion.
“There’s a lot of change going on in the workplace because both parties get angry and upset, and we see that was the case here.”
