There are two main Eid festivals in the Islamic calendar – but there are no bank holidays for Eid in the UK so employees are likely to ask for time off to observe these festivals.
There are two primary Eid festivals in the Islamic calendar, and public holidays are typically declared for each one in Muslim-majority nations such as Saudi Arabia, UAE, Qatar, and Pakistan. Eid ul Fitr, which marks the end of Ramadan, is the first of these celebrations, followed later by Eid ul Adha in the 12th and final month of the year in the Islamic calendar.
In the UK, there are no bank holidays allocated for Eid, so employees may request time off to observe these festivals. However, the dates of Islamic events like Eid are not determined until shortly before they occur, as a confirmed moon sighting is required to announce the start of any given month.
This means that employers may receive last-minute requests for annual leave. But what does employment law say about taking time off for Eid?
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What is the law on taking time off work for Eid?
The dates of the Eid festivals are only confirmed a few days prior, so employers might find themselves receiving annual leave requests at short notice. This can pose a challenge for businesses trying to organise staff schedules, reports Birmingham Live.
Eid ul Fitr marks the beginning of a month, with its date set just after a moon sighting confirms it, usually giving little notice. In contrast, Eid ul Adha’s date is known well in advance as it falls on the 10th day of a month.
This unpredictability is why Saudi Arabia uses a national calendar with religious festivals pre-scheduled based on astronomical predictions.
UK employment law specialists at Peninsula have offered guidance, stating: “Eid is an important celebration for Muslims and it is likely employers will receive annual leave requests for those who wish to observe this festival. Employers should deal with holiday requests through their normal procedures and any company policies. It is important to act reasonably and fairly, following the normal system to determine whether the request can be approved.”
Clarifying the legalities surrounding holiday requests, they added: “The law states that employees have to give a notice period of double the length of their holiday to their employer to request holiday i.e. six days’ notice for three days’ leave. Employers can also extend this notice period through their contractual holiday policy. Where the employee fails to give the required notice, the employer is not under an obligation to consider the request.”
What happens if your Eid holiday request is refused?
Peninsula is advising employers to seriously take into account any holiday requests linked to observing Eid. However, should there be a need to decline such requests, bosses are encouraged to engage with the employee to explore mutually agreeable alternatives.
They clarified: “It may be the case that the holiday request cannot be accommodated because of the needs of the business. It may be necessary to refuse leave where, for example, the workplace will be understaffed or the request is during a period of high customer demand. The Working Time Regulations allow employers to refuse holiday requests by giving employees the required notice. The required notice is equal to the amount of leave requested so if an employee requests a week off the employer has to give a minimum of one week’s notice to refuse the request.”
Bethanie Booth, from Napthens Solicitors, emphasised that when time off isn’t viable, employers ought to contemplate flexible working arrangements as an alternative. She notes that Eid is the perfect moment for companies “to encourage staff engagement, to educate staff and to improve their understanding of different religions across the workforce.”
Booth highlighted the importance of inclusivity within workplaces, suggesting businesses that acknowledge religious holidays like Easter or Christmas should also think about how to celebrate other important cultural festivities such as Eid.
Firms are being urged to show flexibility and cooperation in handling last-minute holiday requests, including deviating from standard policies that normally require advance booking. She said: “If employees, for whatever reason, have insufficient holidays to cover their absence for the requested religious holiday, we would encourage employers to consider granting a period of unpaid leave.”
Moreover, companies should take a proactive stance by suggesting employees inform management of their intention to use annual leave for Eid, enabling better staffing and cover arrangements. She urged firms to: “We would also encourage employers to maintain a consistent approach to support members of staff who are observing a religious holiday to ensure that the business is not discriminating against members of staff who wish to observe religious holidays.”
What’s the best practice for employers on Eid holiday requests?
Ms Booth issued the following guidance on best practice for employers on Eid holidays:
- Agree to last-minute requests for holidays or unpaid leave where possible;
- Allow for flexibility among the workforce; and
- Communicate openly with all employees.
She added: “We would also encourage employers to maintain a consistent approach to support members of staff who are observing a religious holiday to ensure that the business is not discriminating against members of staff who wish to observe religious holidays.”
Similarly, the Peninsula law firm warned: “Applying a fair and consistent holiday request policy across the workforce will not constitute direct discrimination on the grounds of religious belief, however, it can be classed as indirect discrimination because the policy applies to all but puts those of the Muslim faith at a particular disadvantage. This makes it crucial that employers have a genuine, objective business reason for refusing in order to objectively justify any indirect discrimination complaints.”
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