Time Off for Religious Reasons

An employers decision to dismiss an employee for misconduct on returning to work after taking six weeks off to undertake the Hajj pilgrimage to Mecca (a trip required of Muslims under the five pillars of Islam) was held to be unfair and directly discriminatory in Khan v NIC Hygiene (ET case 1803250/04).  Khan had requested permission to use his annual leave entitlement for this purpose and for a week’s additional unpaid leave and in the absence of a formal response had been told by his manager that he should assume it was acceptable for him to take the time off.

EFB comment

A refusal to permit an employee to take time off work for religious reasons may be discriminatory even if the refusal is made in accordance with normal procedures. All requests for leave on grounds of religion or belief should be considered carefully and sympathetically and a refusal should be capable of justification on business grounds. Employers who operate holiday systems whereby the organisation closes for specific periods when all staff must take their annual leave (such as Christmas and New Year) should consider how to justify such closures since they may prevent individuals taking leave at times of specific religious significance to them.