The Islamic calendar hosts two main Eid festivals, with public holidays typically announced in Muslim-majority countries like Saudi Arabia, UAE, Qatar and Pakistan. The first celebration, Eid ul-Fitr, marks the end of Ramadan, followed by Eid ul-Adha in the final month of the Islamic year.
In the UK, there are no bank holidays allocated for Eid, so employees often request time off to observe these celebrations. However, the dates for Islamic events such as Eid are only confirmed shortly before they occur, as a verified moon sighting is required to declare the start of any given Islamic month.
This means employers can expect last-minute annual leave requests, which raises questions about employment law surrounding Eid holidays.
READ MORE: Bag 20% off Toblerone’s personalised chocolate bars with this discount code
What does the law say about taking time off work for Eid?
Given that the dates for Eid festivals are only confirmed a few days prior, employers may find themselves dealing with short-notice annual leave requests. This can pose a challenge for businesses trying to organise staff rotas, reports Birmingham Live.
Eid ul-Fitr marks its beginning at the very start of a month, usually confirmed by a moon sighting just a day or two before. In contrast, Eid ul-Adha is more predictable, falling on the 10th day of a month, with the date known well in advance – precisely 10 days before the event.
This difference is precisely why Saudi Arabia opts for a fixed national calendar, where major religious festivals are scheduled based on astronomical predictions.
UK employment law experts at Peninsula advise: “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.”
“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 should you do if your request for Eid holidays is refused?
Peninsula advises that employers should carefully consider holiday requests for Eid observance. However, if such a request must be declined, it’s important for bosses to have a conversation with the employee to explore any possible alternatives.
It explained: “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 emphasises that if time off for Eid can’t be granted, employers should look into flexible arrangements.
Booth points out that Eid is a chance for employers “to encourage staff engagement, to educate staff and to improve their understanding of different religions across the workforce.”
She notes that if companies acknowledge celebrations for other religions, like Easter or Christmas, they should also consider what can be done for other important religious events such as Eid.
Firms should aim to be cooperative and flexible with last-minute requests, allowing for deviations from their usual holiday policy which requires staff to book in advance, she suggested. She further stated: “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 the initiative and encourage employees to inform managers if they wish to take annual leave for Eid, enabling them to plan staffing and arrange cover, she advised.
What’s the best practice for employers on Eid holiday requests?
Ms Booth said: “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.”
The legal experts at Peninsula have cautioned employers with a stark warning: “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.”
