How employers can train flexibility round spiritual vacation requests
This yr, the Islamic competition of Eid-al-Adha is predicted to happen from 28 June to 2 July 2023. Often called the Feast of Sacrifice, it represents a big celebration within the Islamic calendar throughout which Muslims will donate meals and cash to charity, give items, go to household and attend prayers on the mosque.
Within the UK, there aren’t any financial institution holidays for Eid. Which means Muslim staff who want to take time without work work to have a good time this spiritual competition should ask their employer to take it as vacation. Nevertheless, the dates of Eid-al-Adha range annually, as a result of it’s based mostly on the Islamic lunar calendar and the precise timing will rely on the primary sighting of the brand new moon within the final month of the Islamic calendar. It’s due to this fact not attainable for workers to present employers a lot advance discover of the dates they might want to take as vacation to have a good time Eid.
How a lot discover is required when requesting vacation?
Below the Working Time Rules 1998, staff are required to present discover in the event that they want to take statutory vacation. The size of discover is twice so long as the variety of days of vacation that they’re requesting to take. Subsequently, if an worker needs to take per week off to have a good time Eid, they might want to submit their vacation request not less than two weeks prematurely. As well as, many employers will set out a minimal quantity of discover required for vacation requests of their contracts of employment or a separate vacation coverage. If the worker doesn’t present the required discover of their desired vacation dates, the employer can refuse to authorise the vacation.
Is it attainable to reject a vacation request for lack of enough discover?
It’s advisable for employers to hunt to accommodate vacation requests to have a good time spiritual holidays wherever attainable, even when staff haven’t given enough discover.
As a result of it’s not attainable to ascertain the dates on which Eid will fall prematurely, Muslim staff could also be unable to adjust to the discover necessities. If their holidays are refused on that foundation, it might be argued that the employer’s vacation coverage is not directly discriminatory as a result of it places Muslim staff at an obstacle in comparison with non-Muslim staff, whose dates of non secular festivals might be extra simply identifiable prematurely. It might be attainable for employers to objectively justify the coverage on the grounds that requiring a minimal quantity of discover for holidays is important in order that employers can plan workers absences prematurely and guarantee that there’s enough cowl within the workforce. Nevertheless, it could be tough for that argument to succeed if (a) an organisation doesn’t have many Muslim staff (so any disruption to the enterprise is prone to be minimal) and/or (b) it might be affordable to anticipate the enterprise to make preparations to accommodate their absence for a couple of days.
What if it’s not attainable to accommodate the vacation request?
It’s attainable for an employer to refuse to grant a vacation request if it has a official enterprise cause for doing so. For instance, it might come at a very busy time of yr within the employer’s business, or the employer might be confronted with a big variety of staff all requesting to take time without work for Eid and permitting the vacation would depart the enterprise understaffed. Nevertheless, refusing vacation in these circumstances is prone to go away staff disgruntled they usually might doubtlessly complain that they’ve been handled much less favourably due to their faith, significantly as employers will typically take steps to make sure that the enterprise can handle when massive numbers of staff take time without work at Christmas, Easter or throughout college holidays, for instance.
With a view to keep away from this example from arising, employers can take steps to make sure that vacation requests round Eid are managed fairly:
Though the precise dates won’t be confirmed till shortly earlier than the celebration, it’s attainable to determine the final time interval wherein Eid-al-Adha (and Eid-al-Fitr) will fall annually. Employers ought to due to this fact pay attention to these spiritual festivals and invite staff to speak with their managers when they’re prone to want time without work in order that expectations might be managed and enough cowl might be organized within the workforce prematurely.
Whether it is merely not attainable to accommodate the time without work as a result of wants of the enterprise, clarify the scenario brazenly to the worker and discover if there are every other methods wherein their observance of Eid might be supported. This might embody agreeing to be versatile in relation to their begin and end instances every day to allow staff to attend prayers and spend extra time with their households. Employers also needs to think about offering a quiet room to permit staff to take time to hope throughout working hours.
It’s also a chance to encourage extra communication concerning the completely different religions and cultures inside the organisation, in order that staff achieve a better understanding of the religiousfestivals being celebrated by their colleagues and admire the necessity for time without work at brief discover at sure factors of the yr.
As all the time, sustaining an open dialogue with workers about their vacation requests is important for guaranteeing good worker relations. Employers ought to undertake an inexpensive and versatile method in direction of accepting vacation requests with a purpose to enable staff time without work to watch spiritual festivals.
Syma Spanjers is senior affiliate at Charles Russell Speechlys