Hi Daniel

Specialist lawyers’ views may differ from my generalist ones, but I’d think it most unwise for your employer to accept such a refusal to participate.

Your employers are vicariously liable for the actions of *all* their employees in unlawful discrimination etc matters and must use their absolutely best endeavours to ensure their adequate training. I’d think it very wrong *not* to include this particular employee, because (a) of all of them, they probably need it the most, in terms of knowing what the employer’s standards and expectations of them are and (b) it’s all hypothetical and therefore nor compromising any of their personal religious beliefs merely to learn how exactly what’s expected of them as an employee might conflict with these.

So I’d be inclined to insist that this employee undertakes the training and then discusses in detail with their employer any difficulties they’re likely to have if it came to personally carrying out for real the employer’s instructions in these matters and try to find mutually acceptable ways of resolving them.

In reply to David:

Thank you for your reply David.

I take the same the view as you in this matter and I do not believe it falls under discrimination under the EA either.

I largely agree with the other David.

Just because someone doesn't agree with something - be it religion or anything else, doesn't, or shouldn't, exempt them from attending relevant courses . You are not asking them to change their beliefs, simply telling them how the company expects them to treat others of different beliefs.

Howver I appreciate you may have a difficult time persuading them!

Hi Daniel

Is it just one business line that has made this training mandatory, or is it company wide? If it's just one business line, why is it not being mandated across the rest of the company?

And out of interest, what are the other modules going to be focused on, and will these also be mandatory (either by the line of business or company wide)?

Joe

Hi Daniel, I have had similar experiences one employee refused to do first aid although it was a mandatory requirement for his role as site manager in construction. A few conversations later and he agreed, you could refer to employment contracts sometimes they state particulars about training etc. Totally agree with the other guys, you aren't asking them to change their views, just giving the training so they can develop themselves on the modern ways of the world. And ironically the person resisting it needs the training more than anyone by the sounds of it :)

In reply to David Perry:

David, you hit the nail on the head here. I think this is the best way to explain it to the employee: "You don't have to change your beliefs but you must know how the company expects you to treat others". I think the content and design of Daniel's training session will be critical. It should focus on what other employees' beliefs may be and on respecting everyone.

You learn to work together and with each other at workplace with others from diversity courses. Not to accept and love them in your personal life. If they are unable to take the training and pay the minimum repect to others enough to work with them, they have an option to leave.

Excellent thread.

As an aside, has anyone else listened to the The Witch Trials of J.K. Rowling documentary podcast? Terrific journalism and I learned a lot.

https://www.thefp.com/witchtrials

I've not come across many businesses that mandate training beyond legal compliance training, health and safety or training on the law around equality. I think this is usually because they want the pull effect, so managers, leaders and individuals want to come on the training because they believe it's the best thing for them, their people and the business.

I'd probably step back first, reflect on the set up, communication and engagement I'd had with the managers first. Usually businesses I've been in have involved managers in the development of the learning or tested it first or done a lot of comms to set up the learning so folks know what it is all about and know the why?

If that's all been done and the manager concerned feels strongly and you've discussed this with them personally, then I'd be curious as to their concerns and what they think the training is there to do. As many other posters have said it's not about changing their views, it is about raising awareness and being an inclusive manager and leader, even if other people's beliefs and practices are different from our own.

I wouldn't imagine a need to get legal counsel too involved unless there's a conflict. I worked in a law firm for many years and it's made me a little cautious as a result.