Though I suggest that it might be a reasonable request the response given by
the institution also has to be seen to be reasonable and practicable. I have
already offered an answer to this under the reasonable and practicable test
in that it is up to the institution to arrive at a defensible, seen to have
been thought through, conclusion.
This will be necessary just in case a challenge is brought against the
institution, under the RRAA's vicarious liability and burden of proof
requirements.
Regards
Mannie Kusemamuriwo
Policy Adviser: Ethnicity & Cultural Diversity
Equality Challenge Unit
3rd Floor, 4 Tavistock Place
London WC1H 9RA
Tel 020 7520 7063
Fax 020 7520 7069
[log in to unmask]
-----Original Message-----
From: Rachel Cutts [mailto:[log in to unmask]]
Sent: 23 October 2003 17:23
To: [log in to unmask]
Subject: Re: Prayer room for Ramadan
Hi Mannie
Further to this, the School does not provide facilities for any religion or
form
of worship - would we therefore need to consider providing facilities for
all
requests in future? As Felicity said, we have a lot of these facilties
(including
a mosque) very near the School, and the School itself is on a tiny campus
with
very little, if any, spare capacity.
Rachel
Felicity Hunt wrote:
> Mannie
>
> To what extent does an institution need to replicate facilities that are
> readily available very close by? We have churches of various denominations
and
> chapels across the University and city so I would not expect to have to
cater
> for Christian worship, and Rachel referred to having a mosque nearby as
far as
> her institution was concerned.
>
> On the other hand we have no mosque nearby and we have a number of
outlying
> sites where a dedicated prayer room might well be useful. Our departments
are
> scattered over a very large area so it would probably be safe to assume
that
> one facility would not suffice for the whole University.
>
> What is your view about this?
>
> Felicity
>
> Emmanuell Kusemamuriwo <[log in to unmask]> on 23/10/2003 16:55:02
>
> Please respond to HE Administrators equal opportunities list
> <[log in to unmask]>
>
> To: [log in to unmask]
> cc: (bcc: Felicity Hunt/PER/Central-Admin)
>
> Subject: Re: Prayer room for Ramadan
>
> Hi Rachel,
>
> A prayer room request needs to be considered reasonable because not only
is
> it part of a direct institutional provision expectation under good
practice
> for all, but also a statutory requirement under the Equality Legislation
for
> Religion and Belief.
>
> Also it is an indirect requirement under the General and Specific Duties
of
> the RRAA in that most Muslims are from particular racial groups which are
> covered by the Act.
>
> We also need to remember that under the "Burden of Proof" institutions
could
> be expected to show evidence of the reasonable and practicable steps they
> take, why, how, when and with whom, in order to make sure that
institutional
> practice and provision is not racially discriminatory, in an unlawful
> manner.
>
> It is therefore considered reasonable for an institution that has Muslim
> staff and/or students, to be expected to provide prayer room facilities as
> and when needed. The facilities are also expected to be reasonably and
> comfortably fit for purpose, otherwise if they are not, unfavourable
> treatment that could be tantamount to unlawful institutional racial
> discrimination, could be justifiably inferred.
>
> I hope this clarifies the situation for you. Please feel free to contact
me
> with any further issues, if necessary.
>
> Regards
>
> Mannie Kusemamuriwo
> Policy Adviser: Ethnicity & Cultural Diversity
> Equality Challenge Unit
> 3rd Floor, 4 Tavistock Place
> London WC1H 9RA
>
> Tel 020 7520 7063
> Fax 020 7520 7069
> [log in to unmask]
>
> -----Original Message-----
> From: Rachel Cutts [mailto:[log in to unmask]]
> Sent: 23 October 2003 15:20
> To: [log in to unmask]
> Subject: Prayer room for Ramadan
>
> Hi
>
> I am hoping for some advice on the provision of a prayer room on campus
> during Ramadan. Is this something that you would consider a reasonable
> request? It's not something I've been asked before - there is a large
> Mosque about 5 minutes walk from the School and I think previously
> people have used that.
>
> Any advice gratefully received.
>
> Thanks
>
> Rachel
>
> --
> Rachel Cutts
> Administrator, Research Support
> London Business School
> Regent's Park
> London NW1 4SA
> UK
>
> Tel: +44 (0) 20 7262 5050 x3490
> Fax: +44 (0) 20 7723 3461
> Email: [log in to unmask]
> **********
> The Equality Challenge Unit promotes diversity and equality of opportunity
for
> all who work or seek to work in higher education. We are sponsored by the
> representative bodies (SCOP and Universities UK) and the four UK HE
funding
> bodies.
>
> This message is confidential. If you are not the intended recipient you
> should not copy or disclose this message to anyone but should kindly
notify
> the sender and delete the message. Opinions, conclusions and other
> information in this message which do not relate to the official business
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--
Rachel Cutts
Administrator, Research Support
London Business School
Regent's Park
London NW1 4SA
UK
Tel: +44 (0) 20 7262 5050 x3490
Fax: +44 (0) 20 7723 3461
Email: [log in to unmask]
**********
The Equality Challenge Unit promotes diversity and equality of opportunity for all who work or seek to work in higher education. We are sponsored by the representative bodies (SCOP and Universities UK) and the four UK HE funding bodies.
This message is confidential. If you are not the intended recipient you should not copy or disclose this message to anyone but should kindly notify the sender and delete the message. Opinions, conclusions and other information in this message which do not relate to the official business of the ECU shall be understood as neither given nor endorsed by it. No contracts shall be concluded by means of this e-mail. Neither ECU nor the sender accepts any responsibility for viruses. The administrator of this e-mail service (Universities UK) reserves the right to access and disclose all messages sent over its e-mail system.
**********
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