Is this discrimination?

[CMS80]

I work with a lot of people who are not British nationals and celebrate Christmas on Christmas Eve. They are able to take annual leave on Christmas Eve but everyone else has been banned from taking any leave over the Christmas period. When I questioned this, I was told it’s because that’s ‘their Christmas and they work Christmas day’. Everyone else has to work Christmas Day as we have no choice. Is this discrimination?

Yep that's ridiculous.

yes it is. if they get xmas eve off, you should get xmas day off. You should complain.

Are they being given the day off because of their religion? Are you a christian or do you just celebrate Christmas?

There is flexibility for employers to give people time off due to religious reasons.

It would only potentially be (indirect) discrimination if you held religious beliefs relating to Christmas Day and were prevented from taking the day itself. Alternatively, if you are banned from taking leave due to being English, that could be discriminatory too (directly or indirectly depending on the context).

However indirect discrimination can still potentially be objectively justified by an employer. Maybe they allow the practice to encourage more foreign applicants. Maybe others can’t take Christmas Eve BECAUSE it’s reserved for others with religious/national requirements. Who knows.

There really isn’t enough information to determine whether it’s discriminatory or not.

No