Views from the Board
Supporting the Community

Not So Sweet New Year
by Jon Benjamin posted in Community

Long before the shops start stocking up with New Year cards and gift baskets for the High Holy Days, the onset of Rosh Hashanah is marked at the Board by a flurry of enquiries from anguished members of the community. What should be a time for families, celebration, reflection and prayer becomes fraught for those who suddenly find that their employers are unwilling to grant them time off for the festivals. A disproportionate number of those seeking advice and help from the Board seem to be teachers, perhaps not surprisingly given the proximity of the New Year to the new academic year. Headteachers are confronted with staff members asking for seven days off before half term, just when the school is settling into its rhythm after the summer holidays. But we have also had enquiries from nurses and pharmacists, and others in professions where their services are difficult to replace.

The law in this area is not entirely helpful, or clear. Put simply, there is no absolute right to have time off for religious observance, but employers in both the private and public sector should try to accommodate employees' requests and cannot unreasonably refuse to do so. As to what is reasonable, a word beloved of lawyers, depends on various factors such as the size and nature of the business, the employee's role, the ease with which cover can be arranged for absent employees and cost of doing so. If an employee gives ample notice and is prepared to take unpaid leave to allow cover to be arranged and the cost defrayed, the employer will find it harder to justify refusal. Indeed, many of the cases brought to us follow years of time off being allowed, and then a sudden change of policy, which again an employer will find harder to justify.

Whilst the Board cannot give formal legal advice or represent individuals in proceedings, we are pleased to provide detailed guidance, drawing on the expertise of professional staff and professionally qualified Deputies. It's amazing also how a letter from the Board explaining the importance of the Chaggim and an employer's duties under the Equality Act seems to concentrate minds and bring results.

These kinds of 'case work', helping individuals with work related problems, exams that clash with Yom Tovs and similar problems where religious observance is made difficult or impossible, constitute an important part of the Board's work, and another way in which we serve the community.