Religion and politics
Q. An employee has complained he has not been granted leave for one of his faith festivals, despite having used all of his holiday entitlement
The issue of religion and the practise of faith has become sensitive since legislation forbidding discriminating or harassing an individual because of their faith.
A company's equal opportunities policy should cover faith and all equality issues. There are eight customary UK holidays, not all faith-related. Christmas Day and Easter Monday are, Boxing Day and August Bank holiday are not. Bank holidays are statutory for people governed by the Agricultural Wages Board but, for everyone else (including the religious days), they are contractual holidays.
Contractual holidays are agreed with the employee. The Working Time Regulations set a minimum of 20 days paid holidays per year, pro-rata for part-timers and the eight customary holidays count as part of the 20 days at present.
Rules should be in place regarding taking holidays. Someone wanting time off to practise their religion can request it as part of their annual leave but if, they have used up their year's entitlement, it will be up to the employer to allow it and whether it is paid or not.
An employee refused such leave may well make a claim to a tribunal, which you will be able to defend if you have carried out the correct procedures.
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