As Christmas approaches, teachers and lecturers across Scotland are preparing for a long overdue and well-deserved break.

For some of us, the December/January school closure simply means finally putting your feet up, while for others – it is an important religious holiday, one of the most significant times of the year. But not everyone in Scotland shares the privilege of having their religious holidays enshrined as a nationally recognised period of leave.

Under the Equality Act (2010), religion or belief is a protected characteristic, meaning that workers are protected against discrimination or disadvantage on the basis of their religion or belief. There is no automatic right to take time off during religious holidays, but policies that only grant time off during, for example Christian holidays, may disadvantage colleagues who observe other religions.

Unfortunately, the EIS has found that provision for time off for religious observance varies greatly between Local Authorities, with no standardised approach to granting time off (days out) for religious observance, or even accommodating in-school observance (for example, quiet spaces to pray in, or time out during the school day).

What we do know, is that for many colleagues, requesting time off for religious observance can be a stressful experience, compounded by a lack of understanding from the employer as to the nature of religious festivals, and their importance

There is also no standardised monitoring of requests or recording of reasons for requests being granted or rejected, which makes it challenging to gather evidence in this area. This undermines the ability to organise to make improvements and challenge any possible systemic issues – celebrating your holy day becomes a postcode lottery.

What we do know, is that for many colleagues, requesting time off for religious observance can be a stressful experience, compounded by a lack of understanding from the employer as to the nature of religious festivals, and their importance. Too many of our colleagues rely on informal arrangements or on the goodwill of individual managers as the consideration of requests are often discretionary.

Inclusive leave policies that consider religious observance and the needs of workers who hold various religious beliefs may contribute positively to advancing the diversity within the education profession which is an explicit aim of the Scottish Government. It is important that the understanding and practice around these policies is proactive and supportive for all workers.

As the bells are about to ring in the new year, Scotland is yet to deliver on its aspiration to become a fair work nation by 2025. Fair work is work that offers effective voice, opportunity, security, fulfilment and respect. Inclusive leave policies are essential to ensuring work is fair for workers holding religious beliefs.

Local associations may wish to consider reviewing policies and negotiate for improvements to time off for religious observance, making reference to the Fair Work Framework, Scottish Government targets to improve the diversity in the profession, and the Equality Act (2010).

Where issues are suspected or identified in terms of members’ lack of access to time off for religious observance, local associations may also wish to gather evidence on the scale of the issue and present a case to LNCT for improvements.

Evidence of inclusive practice in relation to religious observance, may include:

• Policies which offer appropriate entitlements for religious observance, that meet workers’ needs.

• Staff who are aware and informed about religious observance of different religions and the requirements at different times of year, recognising that some religious festivals have dates that change yearly.

• School management who are proactive in considering cover at times of the year when religious festivals or events are likely to fall and seeking information about dates from staff at appropriate times.

• A whole school community which acknowledges and shares information about religious festivals and observations and which appreciates that relevant staff and learners will be observing their religion during school hours.

• Arrangements which are made for cover to enable prayer time for staff and pupils who require this during school hours. A quiet room is allocated to prayer time for staff and pupils who require this during school hours.

Some members of the EIS Black, Asian and Minority Ethnic Network have told us that every year, they dread having to put in their requests for religious observance.

The stress of having to negotiate year-on-year can impact their mental health, their sense of belonging, their professional identity and ultimately, their decision to stay in the job they love.

All we want for Christmas is fair work for all.