Can my employer refuse Eid leave?

The Short Answer

Yes, an employer can refuse a request for annual leave for Eid, just as they can for any other day. However, if they refuse it without a good business reason, or if they have a policy that indirectly disadvantages Muslims, it could be Indirect Discrimination.

Indirect Discrimination Explained

If a company says “No one can take leave in April”, and Eid falls in April, this rule applies to everyone (so it looks fair). But it disadvantages Muslims specifically.

The employer must show that this rule is a “Proportionate means of achieving a legitimate aim.”

• Legitimate Aim: “We are an accountancy firm and April is tax year end.” (This is likely valid).
• Not Legitimate: “We just don’t like too many people off.” (This is likely discrimination).

First Come, First Served?

Many employers operate a “first come, first served” policy.

• The Trap: Since Eid dates are only confirmed late (moon sighting), Muslims often cannot book months in advance like colleagues booking Christmas.
• The Adjustment: Employers should hold back a few “slots” for religious observance or allow tentative booking based on predicted dates.

What to do if refused?

1. Ask for the reason in writing.
2. Suggest a compromise: “I can work the morning if I can leave at 2pm?”
3. Check the holiday rota: Is it actually full? Or just “policy”?