Tuesday, 14 March 2017

Headscarves ban is allowed

Employers can now ban staff from wearing headscarves and other religious symbols in the workplace – as long as they treat all religions equally.

The European Court of Justice has announced that firms can ban workers from wearing religious or political symbols in a landmark ruling that’s the first of its kind.

John Mehtam, who leads the employment law team at Martin-Kaye Solicitors, in Telford, said the ruling followed after Europe’s top court heard the cases of two women who were dismissed for refusing to stop wearing Islamic headscarves.

“The two cases were very different – in the first, a Muslim woman who was working as a receptionist was asked not to wear a traditional headscarf because the company had a strict rule in place banning visible signs of political, philosophical or religious beliefs.

“The Court of Justice said her dismissal for refusing to stop wearing the headscarf was justified because it was about all political and religious symbols, and was not specifically targeting Islam. But in the second case, the employee was asked to remove her headscarf after a client complained.

“The Court said that without a formal rule covering all religious symbols, simply wanting to ‘take account of the wishes of a customer’ was not enough to ban headscarves.

“It’s clear that companies right across the UK and Europe need to take the guidance on board and update their workplace regulations accordingly.

“If your company has a clear written rule in place (which employees are fully aware of), that bans all religious, political or philosophical symbols, then everyone will understand your firm’s position. But you must apply the rule fairly and equally, otherwise employees who are affected could challenge your request to remove their headscarf or religious symbols and you could face the prospect of an employment tribunal.

“This ruling is the first case of its kind to be heard in a series of legal disputes over the right for Muslim women to wear the hijab at work, but it surely won’t be the last.

“Employers need to keep their company workplace regulations up-to-date to ensure they meet the ever-changing circumstances that every business faces on a daily basis.”