An organisation operates a chain of petrol stations which are open 24 hours a day, 365 days a year. Because working on Christmas Day is unpopular among staff it has long been the practice to require everyone employed in a customer-service role to work one eight-hour shift between 11.00 pm on 24 December and 7.00 am on the morning of 26 December. As a result, managers have not had to choose who does and who does not have a break over the Christmas period. This year, however, a new member of staff complains that his request to take annual leave on 25 December has been turned down. He is a devout Christian and intends to attend his church twice on Christmas Day. He says he will resign and bring a tribunal case if he is not granted the leave he has requested.

What is the legal position in this situation? What would happen if the employee did take his case to an employment tribunal? What advice would you give this organisation?? LO1