Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Tribunal WatchReligious discriminationHolidays and holiday payReligion

Religious festivals: no requirement to give employee five weeks off

by Stephen Simpson 11 Feb 2016
by Stephen Simpson 11 Feb 2016 The tribunal held that the five-week trip to Sardinia related more to family arrangements, rather than religious beliefs
The tribunal held that the five-week trip to Sardinia related more to family arrangements, rather than religious beliefs

An employment tribunal found that London Underground was entitled to turn down an employee’s request for five consecutive weeks’ annual leave in the summer to attend religious festivals. Stephen Simpson rounds up recent tribunal decisions.

No religious discrimination over rejection of request for five weeks off in summer
The employment tribunal decision in Gareddu v London Underground Ltd is a useful case for employers faced with an employee asking for a long period of time off for religious reasons.

Time off for religious reasons

Establish policy on requests for time off for religious reasons

Good practice: leave for religious observation

Religious holidays policy

Mr Gareddu is a Roman Catholic from Sardinia who goes back to his homeland in August every year to attend a series of religious events with his family.

His employer, London Underground, had previously allowed him to take five weeks’ annual leave during the summer.

After a change of management, he was told that he would not be able to continue with the arrangement from 2014. Unfairness to other staff in his small team was cited as the reason.

Mr Gareddu’s request in 2014 for the same leave was in fact granted, after it emerged that he had already arranged his holiday.

However, his line manager made it clear that 2014 would be the last time such a holiday request would be agreed.

Mr Gareddu’s line manager told him that, while he could take 15 days’ annual leave, he was “not the only member of staff who has family commitments during the summer holiday”.

Mr Gareddu raised a grievance, which was rejected. The employer stressed that:

  • requests for more than three weeks’ leave are relatively rare, and are normally requested only for major life events, such as marriage or a once-in-a-lifetime holiday; and
  • while the practice of not granting more than 15 days’ annual leave could disadvantage someone with a clear belief system, Mr Gareddu’s desire to attend a large number of religious festivals was a purely personal choice that did not amount to a protected characteristic.

The employment tribunal rejected Mr Gareddu’s subsequent religious discrimination claim, agreeing with the employer’s assessment that attendance at the festivals was not a requirement of his religion.

The employment tribunal held that his attendance in Sardinia for five weeks related more to his family arrangements, rather than any underlying religious beliefs.

Read more details of the case and practical tips in the light of the judgment…

 

Other tribunal decisions in the headlines

Hampshire Police in discrimination payout to demoted mum
A police officer who had her promotion taken away when she asked for flexible working hours has been awarded more than £11,000 in compensation, according to the BBC.

Starbucks employee wins dyslexia discrimination case
A woman with dyslexia has won a disability discrimination case against her employer Starbucks after she was accused of falsifying documents (Personnel Today).

Council considers bid to recover £250,000 costs of tribunal
Bournemouth council is considering a bid to recover the £250,000 costs it incurred fighting a constructive dismissal claim from an ex-employee, the Bournemouth Echo says.

Avatar
Stephen Simpson

Stephen Simpson is a principal employment law editor at XpertHR. His areas of responsibility include the policies and documents and law reports. After obtaining a law degree and training to be a solicitor, he moved into publishing, initially with Butterworths. He joined XpertHR in its early days in 2001.

previous post
Government to impose new contract on junior doctors
next post
Draft gender pay reporting regulations published

You may also like

Top 10 HR questions July 2022: heatwaves and...

1 Aug 2022

How to create an inclusive workplace for religion

29 Jul 2022

Harpur Trust v Brazel: Your holiday pay questions...

27 Jul 2022

Travel disruption: employers’ questions answered

26 Jul 2022

Employees struggle to take time off over summer

22 Jul 2022

Supreme Court: Holiday pay for part-year staff should...

20 Jul 2022

Supporting Muslims during Eid: Five employer questions

7 Jul 2022

Kristie Higgs succeeds in bid to remove LGBT...

5 Jul 2022

Christian awarded £22k following dismissal over religious necklace

24 Jun 2022

Bank holidays: six things employers need to know

5 Jun 2022
  • 6 reasons why work-based learning is better than traditional training PROMOTED | A recent Fortune/Deloitte survey found that 71% of CEOs are anticipating that this year’s biggest business disrupter...Read more
  • Strengthening Scotland’s public services through virtual recruiting PROMOTED | This website is Scotland's go-to place for job seekers looking to apply for roles in public services...Read more
  • What’s next for L&D? Enter Alchemist… PROMOTED | It’s time to turn off the tedious and get ready for interactive and immersive learning experiences...Read more
  • Simple mistakes are blighting the onboarding experience PROMOTED | The onboarding of new hires is a company’s best chance...Read more
  • Preventing Burnout: How can HR help key workers get the right help? PROMOTED | Workplace wellbeing may seem a distant memory...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+