If an employee alleges direct discrimination, he must prove that he has been treated less favourably than a real or hypothetical comparator whose situation is not different from his own, as indicated in EA 2010, § 23. One example is London Borough of Islington v. Ladele [2009] IRLR 154, in which a Christian registrar (Ladele) refused to perform civil partnership functions on behalf of the Council on the grounds that it was contrary to his religious beliefs. The Board took disciplinary action against them and found that their behaviour was contrary to their equality and diversity policies. The Labour Court decided that the settlement officer in this case would be another registrar who refused to enter into the civil partnership. The judge said: “[Observant Jewish employees] are not allowed to work during certain major holidays. Employers must therefore be aware of both types of discrimination and even train their employees to ensure that such discrimination does not take place in the workplace between employees. Employees should also be informed at the beginning of their employment that they should discuss their religion or belief with Human Resources so that they are informed in advance of the days the employee must take as leave or any other mandatory requirements related to their religion or belief. Manchester Employment Court heard that Bialick, who set up the company in January 2020, is Jewish and that his faith requires him to observe Jewish holidays. In all cases, it is desirable that all employers have an equal opportunities policy that addresses the prevention of discrimination in the workplace in order to ensure that all employees are aware of this.
It would explain that religion or belief is a protected characteristic and that the policy would apply to all aspects of employment. The policy can also set out the consequences if someone violates the policy, i.e. disciplinary measures. An employment tribunal has ordered a company to pay about £26,500 to a Jewish employee who was fired after failing to come to work for Passover. The Council for Advice, Conciliation and Arbitration (ACAS) informs employers and employees about all aspects of labour law. They have a special guide called “Religion or Worldview and Workplace” which would be helpful for all employers/employees. It includes helpful tips on how to keep things fair and equal for everyone, and focuses on topics like recruiting and retaining good employees. Given that the Islamic holiday of Ramadan began on April 2, 2022 and lasts until Eid ul fitr on May 1, 2022, this case is a timely reminder that employers need to be careful of workers who may want to take annual leave to be able to celebrate religious holidays. Employers must bear in mind that certain measures may discriminate against certain religious groups and must be able to demonstrate that they are a proportionate means of achieving a legitimate aim. It is important to take into account, as this case shows, that a reasonable commercial reason for a potentially discriminatory policy is not a sufficient justification: employers must also consider whether the reasons for insisting on this point are strong enough to justify the discriminatory effects. In that case, the court commented: “The practice of cancelling vacation reserved for this purpose or risking dismissal forces Jewish employees to choose to work if they are not allowed to work or to be fired.
This puts Jewish employees, whose faith compels them not to work certain days, at a particular disadvantage when they are ordered to cancel their annual leave. This was done on the grounds that working on Jewish holidays such as Passover is not allowed, so employees have no choice but to take annual leave. A week later, the company wrote to Bialick that it could no longer approve leave for later that month. He responded – even breaking his religious observance – to explain the reasons, but a day later the company contacted him and told him there was “no choice” but to terminate his employment. The applicant had booked annual leave before Passover, one of the major Jewish holidays where work is permitted. However, in the two weeks leading up to the festival, he fell ill with Covid-19 and was on sick leave. His employer then sent him a letter cancelling his annual leave. The applicant informed his employer by email that his annual leave had been reserved for the celebration of a religious holiday and requested that it continue to be observed. He explained that he was even violating his religious practice by asking her to answer the letter, which he did not want to do, but decided that it was necessary for him to ask that his religious observance be respected. The next day, he received a message from the company inviting them to fire him without further contact or discussion. “The practice of cancelling or firing holidays reserved for this purpose therefore requires Jewish workers to decide whether they want to work if they are not allowed to work, or whether they should be fired,” the judge said. “This puts Jewish workers, whose faith dictates not to work certain days, particularly disadvantaged when they are ordered to cancel their annual leave.” The plaintiff worked as a litigator in a personal injury law firm.
He belonged to the Orthodox Jewish faith and was a strict observer of Jewish holidays, some of which prohibit any form of work. He brought an action before the Labour Court for indirect discrimination on the basis of religious belief. The Court of First Instance upheld his claim of indirect discrimination. However, NNE Law – a small assault company – kept its office open, telling employees that their work was essential, forcing them to go to the office. The labour court described it as a “cramped” space where staff were about two feet apart and not two feet apart. For these reasons, Mr Bialick received £26,000 from the Labour Court, of which £18,000 was attributed to “hurt feelings”. Although there is no automatic right to free time to celebrate religious holidays and no obligation in Islam not to work certain holidays, employers should be aware that the number of leave requests may increase towards the end of April. They should refrain from rigid policies, such as the one we are discussing, that could harm people of particular faith, and take a consistent and compassionate approach to dealing with leave requests. This is particularly important when dealing with staff requests for annual leave to celebrate a non-Christian holiday, as major Christian holidays in the UK are considered public holidays. Mr. Bialick was an observant Jew who was therefore not allowed to work on certain major holidays, in this case Passover.
In February 2020, the process leader set aside nine days in April. Mr Bialick, an Orthodox Jew who observes Jewish holidays, was employed by NNE Law Ltd. The practice of cancelling holidays reserved for this purpose or risking dismissal therefore forces Jewish employees to choose to work if they are not allowed to work or to be fired. Since it is based on the Hebrew calendar, the date can change from year to year. However, it is usually in September or October. It was the respondent`s policy not to allow employees to leave the office for more than two weeks, of which the plaintiff was not aware. This meant that an employee who had booked and approved vacation had to cancel the vacation if they were unable to show up at the office within the previous two weeks. Students may request alternative exam arrangements and the exam team will endeavor to accommodate preferences for exam dates/times that are outside of Jewish holidays. Overall, Mr.
Bialick`s confidence had a major impact on his decision not to report to work and forced him not to comply with his employer`s PNP, which subsequently led to his dismissal. If these workers fall ill before the holidays, as Mr Bialick did, they are faced with the unfair dilemma of going to work and violating their religion or observing the holiday and being fired. This case is a stark reminder of how indirect religious discrimination can occur within organizations and offers remarkable findings for employers. Bialick has set aside nine days of annual leave for April 2020 with the intention of celebrating Passover, during which no work is allowed on certain days. Students, staff, and visitors will also find the following organizations of interest for more information: The Jewish New Year, Rosh Hashanah, is one of Judaism`s holiest days. The day begins on the first Tishrei, the seventh month of the Hebrew calendar, and means “head of the year” or “first of the year.” On April 9, Mr. Bialick failed to report to work and was subsequently dismissed by the company.
