Unpaid leave question

[DomPom47]

My friend has put in leave at work for a week before the summer holidays, she is a Higher Level Teaching Assistant who has worked at her current place for just over ten years. The leave is for her to go to Ummrah (mini hajj in Saudi Arabia). Work has said yes she can have the time but it will be unpaid. She is upset that it is unpaid as she is going on what she deems is an essential visit but in my opinion work is right that she could go the week after during the summer holidays. I think the issue is cost as it would be a whole lot more for her and her family if she were to wait the extra week. She wants to now waste money going down the legal route to get some advice. She does not belong to a union and is refusing to join one just to get some advice. Any wise words from mumsnet about where she stands.

Assuming she's in England?

Her only hope would be indirect discrimination ie she wants to attend Hajj which is her religion's special experience and event, if she's unable to attend this (14-19th June this year from Google) as it often falls during English term time.

However, she's been granted the time off to attend. The employer is well within their rights to tell her when she can use her paid annual leave, which will be in between the school term dates plus any additional working days for training.

That assumes she's paid in 12monthly installments of her salary rather than working through an agency or being truly self employed which changes her entitlement to take time off if she wants - but would also likely see that time off bring unpaid.

As such, the question is whether she's being discriminated against because of her religion and I doubt the answer will be use. Any other member of staff asking for a week off in term time would struggle to get it authorised IME, so she's not being denied anything in that front, she's being enabled to go. She just won't get paid for the privilege. And that's normal.

She can ask her trade union or any legal cover she has for an opinion, but personally I think she's shit out of luck.

Is she even entitled to paid leave if she gets time off during school holidays?

Thank you.
I think if she was in the lottery for Hajj (limited spaces and small number of people from each country) and got a place the head would in this case have said yes and paid. But as it is ummrah and she is saying yes to the leave (she could technically have said no) she needs to accept it is unpaid or change the dates during the 6 weeks summer or sometime in the other 7 weeks she has off of work. Will share your post with her.

She won't win this one. They have given her the time off (which they could have refused). Why would they have to pay her? She can in the 13 weeks off (obviously I know its a time sensitive thing) a year she has in their eyes. I think they have been good giving her the time off even unpaid. A lot of schools wouldn't.

Also even if she joined a union today they won't help her with this issue. They don't help for pre existing issues otherwise everyone would only join when they had an issue and leave once its resolved. Unions don't work like that.

This is down to her head teachers discretion. She took 8 days l off previously when her mother sadly unexpectedly passed away and she had to go abroad to sort out funeral arrangements and other things and the head was lovely with giving her the full 8 days and it been fully paid. This is why I think she needs to be grateful that she is getting the week off before the summer break and accept that it will be unpaid.

Of course it’s unpaid! She won’t be working, so she won’t get paid. She could do Ummrah whenever. She’s choosing to do it at a time which inconveniences her work, so she’s lucky she’s getting the time off at all let alone asking to be paid for it. She’s a CF.

If Ummrah can be done at any date in the year, then yes she's got absolutely no hope.

I very much doubt her work would have given her paid leave for Hajj either as the justification remains the same.

Did not know this despite having lots of teachers in the family. She is refusing to join a union but will tell her to join one so that if there is something serious that she needs help with down the line she has representation from the get ho.

A bereavement is totally different. They likely have a bereavement policy that allows time off to sort things out.

I live in the Middle East and even Haj leave would be unpaid, let alone Umrah leave!

It was three days paid and small print basically says head teachers discretion. She’s just been stubborn about this unpaid leave and am worried she will spur an otherwise good working relationship in her current school.

The school has already made a concession to allow her the time to go, she is being very unreasonable to expect it to be paid for as well.

Think of it this way, if it was paid she would essentially be getting an extra weeks leave more than everyone else. Bereavement is totally different and the two shouldn't be compared. The school are well within their rights to give her the leave but not pay her for it, legal advice will be costly and get her nowhere

And it isn't an 'essential visit' because she could go during her holiday period, she just doesn't want to because of cost

Religion is a choice, as is to request leave at a time not normally granted. Why should she have an extra weeks paid holiday over anyone else? Bereavement is very different.

If she chooses to work term-time then she must accept time off periods are limited to school breaks, The offer of any leave even unpaid is more than acceptable. She is rather pushing it to expect full pay too.

Absolutely ridiculous. She needs to count her blessings that she has permission to take the time off without pay.

She’s got her union involved and looks like it will end up paid. Then there’s other people who can’t get an hour off before the end of the day for an emergency dental appointment…..

I thought she wasn't in a union?

This is right she wasn’t but she called Unison and registered and one of the reps at school has she has a strong case to not just have it approved but have it as paid due to its nature as religious leave…..

Waiting and seeing what will happen.

Unions do not get involved with existing disputes of non members even after they join and start paying dues. it's part of their constitution

Well has she got the time off paid or not?
You say she has and the Union helped but now a union rep just said she had a good case and you are waiting to see

She has 100% got the time off but it is unpaid leave so her pay will be docked.
She is due to have a meeting with HR and her union rep about why it is not paid as it is for a religious reason…..

It will be her loss.
If it's a hill she's prepared to die on, let her.
Some are terminally ungrateful and entitled.