Labour Research January 2002

Features: Law queries

Law queries

I've been told there is a European law that says you do not have to work on religious holidays. Is this true?

There is currently no European law that applies to religious holidays. In a court case which looked at the European Working Time Directive the issue was raised as to whether Sunday (as a religious holiday) should automatically be a day of rest. The European Court of Justice rejected this position. There are some circumstances where it could be argued that the employer should give time off for religious observance where this could give rise to race discrimination. But this would depend on the facts, on the employer's justification and would anyway not be taken under the regulations but under race discrimination law.

* More information: LRD booklet, The working time regulations, £3.40