Whether you're an employee with a religious belief or an employer overseeing a multi-faith team, you may find yourself unclear about the law surrounding time off for religious holidays.

The crux of the matter is this. Is an employee entitled to extra annual leave to observe a religious holiday – and does the employer have to grant the request?

It's an area of employment law where the law leaves the ball in the employer's court. This means that tact and judgment are required when dealing with these requests.

What the law says

The simple answer is that employers aren't legally obliged to grant holiday leave for religious holidays.

However, the story doesn't end there. Even though it's not a legal obligation, many people – both employers and employees – consider flexibility on this issue to be a mark of respect. For this reason, it pays to be flexible about granting leave for religious holidays.

This appeal to respect is enough for most people – but there's another incentive too. "Religion and belief" is a protected characteristic in the Equality Act 2010: the legislation that governs discrimination in the workplace. If you deny leave without good reason, you could end up dealing with a claim of religious discrimination.

Determining what counts as a "good reason" also requires sensitivity. For instance, leave for a religious holiday should probably be granted if cover can be found.

If it's an unusually busy period, then the employer should try to reach a compromise. This could involve flexible working for the duration of the holiday, or partial leave.

How can you accommodate religious holidays at work?

If a request has to be turned down for a good reason, then the employer should allow for temporary flexible working arrangements.

This could be letting an employee work from home, work for fewer hours or take longer lunch breaks. Whatever the agreement, the priority should be to show a willingness to accommodate an employee's religious belief.

Risks and considerations for employers

The Equality Act 2010 covers both direct and indirect discrimination. If you refuse time off without good reason, you could end up sleepwalking into a claim of indirect discrimination.

As with all flexible working requests, you too need to be flexible. Broadly speaking, you can only turn down requests for the following reasons:

• It will cost you too much
• The employee's duties/responsibilities can't be redistributed or reorganised
• The quality of work will suffer
• The business will be unable to meet customer demand

If your employee is using their annual leave allowance for a religious holiday, they should get paid as usual. However, if they're out of annual leave, the extra leave should be unpaid – otherwise, it can look like you're favouring one religion over another. This could make you susceptible to a religious discrimination claim from another employee.

If you get time off requests for both religious and non-religious reasons, it's important not to prioritise one over the other. Employees without religion or belief are also entitled to time off, so it's important not to appear to be discriminating in favour of religious staff.

If a number of your staff practice the same religion, you should anticipate multiple holiday leave requests and figure out how to deal with this. It may not always be practical to grant them all. 

Anticipation and preparation is key. You should talk it through with employees in order to reach a solution.

Finally, you should pay attention to changes of dates. Some religious festivals fall on different dates each year.

Whatever the details, your priority as an employer should be to show willing, tact and fairness. This is good for staff morale and drastically reduces the chances of a discrimination claim being brought against you.

What can you do if you think your employer is being unfair?

If you think your employer is stopping you from taking leave there are a few things you can do.

Your first port of call is to talk to your employer and try to reach an agreement amicably. If they're being unfair or unrelenting, you can lodge an official complaint, making sure to follow your company's grievance procedure.

If you believe you're the victim of religious discrimination in the workplace, you can seek legal help. It can be helpful to have an experienced lawyer onside to help you through a stressful process and get you the outcome you deserve.

The case of JH Walker Ltd v Hussain and others

In this 1996 case, Muslim employees were forbidden from taking a holiday or unpaid time off for Eid – despite having taken it off in previous years.

Mr Hussain and other employees took the day off anyway and were given a final written warning on their return.

JH Walker Ltd argued that it was acting for a sound business reason but the tribunal held that they were knowingly discriminating against their employees. JH Walker hadn't adequately balanced the needs of the business against the needs of the employees.

Key takeaways

• Employers aren't legally obliged to give employees time off for religious holidays.
• It's in employers' interests to be supportive and flexible both out of respect and to avoid claims of religious discrimination.
• Employers should consider their policy carefully, especially if large numbers of simultaneous requests are likely.

Conclusion

Whether you're an employer facing a religious discrimination claim or an employee who's been mistreated, your first port of call should always be to resolve things amicably.

But if you find yourself at a stalemate, legal advice can be invaluable. An experienced employment lawyer will equip you with the facts and fight your corner at a tough time.

Are you looking for an experienced, knowledgeable employment dispute lawyer? Feel free to get in touch with Milners for a no-obligation consultation.