The Employment Appeal Tribunal has confirmed that an employer’s request for a shorter jilbāb is not discriminatory.
- This tribunal decision emphasizes that workplace health and safety requirements can override religious attire.
- Ms T Begum’s claim of discrimination based on her attire was dismissed by the judge.
- The nursery’s dress policy was deemed fair, applying equally across all staff members regardless of religion.
- National Secular Society applauds the tribunal’s ruling for prioritizing safety without religious bias.
In a definitive ruling, the Employment Appeal Tribunal has determined that requesting an employee to wear a shorter jilbāb is not an act of discrimination. This decision establishes a precedent that health and safety protocols in workplaces may take precedence over religious dress practices, provided there is no infringement upon religious freedoms. During Ms T Begum’s job interview, it was clearly stated that her floor-length jilbāb could pose a safety risk in the nursery environment.
The nursery had communicated to Ms Begum that working with children necessitates attire that does not hinder movement or pose risks of tripping. She was suggested to adopt a slightly shorter garment, which was deemed practical and did not provoke any objection during the initial discussion. However, subsequent tribunal hearings revealed Ms Begum felt the request violated her personal beliefs and accused her employer of cultural discrimination.
Judge Daniel Serota QC concluded that the policy was not discriminatory against Muslim women. He underscored that the safety policy imposed by the nursery was uniformly applicable to all staff, irrespective of their religious affiliations. While the policy might impose certain constraints on some Muslim women, it was deemed a necessary measure to ensure the safety of both staff and children.
The tribunal also found that the nursery employed several other Muslim women who wore shorter versions of the traditional jilbāb, and their religious practices were duly respected, with allowances for prayer times and observance of Ramadan. Thus, the nursery’s approach was not one of discrimination but rather accommodation within safety guidelines.
A representative from the National Secular Society lauded the tribunal’s decision, reiterating that while religious expression is significant, it does not supersede workplace safety. They recognized the employer’s request as rational and aligned with maintaining a secure working environment.
The tribunal’s decision rightly balanced workplace safety with religious practices without showing prejudice.
