Top HR tips for handling requests for religious time off

The law does not provide for a distinct, standalone right to time off for religious holidays or observance. However, when an employee’s request for time off work is rooted in a religious holiday or observance, employers should exercise caution before refusing such requests. We have summarise some key points to consider below:

Employees have protection against discrimination from day one of employment. Religion or belief is one of the protected characteristics under Equality Act 2010, which means employees cannot be treated less favourably in the workplace for reasons connected to this. Employers need to be particularly careful of the risk of indirect discrimination claims in their handling of requests for religious time off. Indirect discrimination occurs where an employer operates a provision, criterion or practice which applies to all employees. Where that PCP places someone with a protected characteristic at a particular disadvantage when compared with others, then the operation of the PCP will be indirectly discriminatory unless the employer is able to objectively justify their decision.

An example of the risks of indirect discrimination claims connected to religious time off can be found in the case of Bialick v NNE Law. Mr Bialick was an Orthodox Jew who booked leave during the COVID pandemic. Two of those days were Passover days when his faith forbade him to work. However, he needed to self-isolate in the fortnight before his holiday for COVID reasons. NNE Law had a policy that employees must not be absent for more than two weeks, so it withdrew authorisation for the holiday. He took the Passover days off anyway and the firm dismissed him.

The employment tribunal awarded Mr Bialick around £26,500 in compensation for indirect religious discrimination. NNE Law had applied its cancelling annual leave policy to all employees equally regardless of faith. However, this policy disadvantaged non-Christian employees whose faith required them not to work on certain days. They had to, in the tribunal judge’s words, ‘choose whether to work when they are not permitted to work or be dismissed’. In contrast, the law firm didn’t require Christian employees to work at Christmas or Easter.

You can justify indirect discrimination if it’s a proportionate way to meet a valid business aim. Here, the law firm couldn’t justify the discrimination because there was no evidence it failed to meet clients’ needs due to Mr Bialick’s extended absence. Even if there had been something like a looming deadline – perhaps a court hearing – the tribunal said there would have been less discriminatory alternatives to cancelling Mr Bialick’s leave. The firm could have, for example, passed his work to colleagues or a locum, or applied to the court for an extension or postponement.

It also shows that before you refuse a request for time off for religious reasons – or withdraw permission for the leave – you must think through and document your reasons and why there’s no workable alternative.

The Equality and Human Rights Commission has guidance entitled,  Religion or belief: how do I handle employee requests? | EHRC. The guidance explains that you don’t automatically have to grant a request made on religious grounds. Instead, it says you should ask yourself these five questions before making your decision:

1. Is the request related to a religion?
2. Would a refusal disadvantage others who share the belief?
3. Thinking about your business needs, how easy or difficult would it be to accept the request?
4. What effect would rejecting the request have on the individual?
5. What effect would granting the request have on other staff?

These five steps are a useful guide for employers dealing with requests for religious time off. It is critical that any refusal can be justified and that alternatives have been clearly considered – and documented. If you would like any help with these issues, please contact us.

Disclaimer: This summary is for general awareness and insight, not legal or professional advice and readers should seek professional advice for their situation.