Top tips for handling requests for religious time off

Even though the law doesn’t obligate employers to give employees time off for religious holidays or observance, wise employers will think twice before refusing such requests.

Religion or belief is one of the characteristics protected from discrimination under the Equality Act 2010, and employees have protection against discrimination from day one of employment.

Employers need to be careful, in particular, of the risk of indirect discrimination claims in their handling of requests for religious time off. Employers can be accused of indirect discrimination if they put someone with a protected characteristic at a disadvantage when compared with others, unless the employer is able to objectively justify their decision.

Bialick v NNE Law

The case of Bialick v NNE Law shows the risk of claims of indirect discrimination for religious time off.

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 did not authorise 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.

When is it OK to refuse days off for religious observance?

You can justify indirect discrimination if it’s a proportionate way to meet a valid business aim. Here, though, the law firm couldn’t justify the discrimination because there was no evidence it failed to meet clients’ needs due to Mr Bialick’s 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.

Guidance from the Equality and Human Rights Commission

The Equality and Human Rights Commission has published guidance entitled, ‘Religion or belief: how do I handle employee requests?’. The guidance explains that you don’t automatically have to grant a request made on religious grounds, but 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.

Further reading

• Religion or belief: How do I handle employee requests? – EHRC
• Victimisation and ‘Protected Acts: Why context matters in discrimination claims
• Discrimination: your rights: Types of discrimination (‘protected characteristics’) – GOV.UK
• BBC settles discrimination claims ‘on the steps’ – Hunter Law
• HMRC accused of harassment (for birthday wishes!) – Hunter Law

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