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A worker who was sacked for taking time off work to observe a religious holiday has won a huge court payout, the Law Society has reported.
Philip Bialick, has walked away from court with more than £26,000 in compensation, after being dismissed from his job with Manchester-based law firm NNE Law following an incident in April 2020.
According to an employment tribunal, Bialick, who is Jewish, was sacked for not showing up to work on Passover. He had booked time off to celebrate the holy day but was told to come into work anyway, an employment judge heard.
This was reportedly because Bialick had recently taken time off work for illness, when he was told to self-isolate by the NHS, just weeks into the UK’s first Coronavirus lockdown. But NNE Law said it did not allow case handlers to be away from the office for more than two weeks, the Law Society reported.
A week later, the firm wrote to Bialick saying that it was unable to authorise any more leave for later that month, partly because the newly unfolding pandemic was putting unprecedented strain on every workplace. Bialick responded to explain that he needed time off for religious reasons, but a day later the firm responded that it had ‘no alternative’ but to end his employment, prompting a tribunal complaint from Bialick.
At the legal proceedings, an employment judge accepted that the firm had a policy of cancelling leave following an employee’s sickness absence, but that in doing so for Bialick, he had suffered more as a result, in comparison to non-Jewish colleagues.
“The practice of cancelling holidays booked for that purpose or to face dismissal therefore requires Jewish employees to choose whether to work when they are not permitted to work or be dismissed,” said the judge, who added: “That places Jewish employees whose faith requires they do not work on certain days, at a particular disadvantage when instructed to cancel annual leave.”
Whilst accepting that the start of the pandemic was a challenging time for businesses, the judge said firms were still obliged to “behave responsibly and with appropriate understanding towards employees”.
Bialick was awarded £26,500 in compensation as a result of the tribunal.
What the law says
Religion and belief discrimination is illegal in the UK and is listed as a protected characteristic in the Equality Act 2010. It arises when someone is unfairly disadvantaged for reasons related to their religion or their beliefs.
However, according to Acas, employers are under no obligation to automatically give staff time off for religious holidays or festivals, time to pray or a place to pray.
However, Acas adds that a firm “should consider requests carefully and sympathetically, be reasonable and flexible where possible, and discuss the request and explore any concerns with the employee.
“Refusing a request without a good business reason could amount to discrimination. An employee, in making a request, should be reasonable, flexible and sympathetic too in taking into account the demands of their job and the needs of the organisation employing them.”
Furthermore, when it comes to staff requesting time off for holy days, Acas explains the matter is best addressed when a candidate is first offered a position within the workforce.
“Job applicants should take into account that a business operating seven days a week will need at least some staff working on a holy day,” the Acas website says. “A successful applicant should be clear about their working hours and days before accepting a job offer.
“However, if an employee asks not to work on a holy day, the employer should consider the request carefully and sympathetically, be reasonable and flexible where possible, and discuss the request and explore any concerns with the employee. Refusing the request without a good business reason could amount to discrimination.
“The employee, in making the request, should be reasonable, flexible and sympathetic too in taking into account their contract, the demands of their job and the needs of the organisation employing them.”
What HR should know
Acas goes on to advise: “Employers, managers, HR personnel, employees and their employee or trade union representatives should make sure they understand: Religion or belief discrimination, key points for the workplace, what religion or belief discrimination is and how it can happen, their rights and responsibilities the employer’s policy for preventing discrimination, and what behaviour and actions are unacceptable such as derogatory comments about an employee’s religion or belief.
"Also, employer and employees should be very careful regarding questions related to an individual’s religion or belief, as these might be or become discriminatory, particularly if they are intrusive or handled insensitively.
"It can be beneficial for an employer to offer all staff a grounding in religion or belief in the workplace. Further, an employer should provide training for all staff in constructively developing their understanding of each other. In the organisation, these steps can help foster good relations and prevent discrimination."
