Pictured above: Sandra Wallace
It is unlikely that the UK will follow Belgium and "ban the
burqa", an expert believes.
But Sandra Wallace, DLA Piper's Birmingham-based employment
partner and head of equality and diversity, says issues regarding
religious dress and symbols are on the rise.
She warned: "The issue of the extent to which the law protects
how religious believers manifest their beliefs is becoming
increasingly high profile, not just in the UK but across
Europe.
"In April, Belgium became the first European country to make it
a crime to be in a public place with one's face partially or wholly
concealed in a way that would make identification impossible.
Violators will be subject to a fine of 15 to 25 euros and/or a
prison sentence of one to seven days.
"While the law is couched in neutral language, the measure is
clearly aimed at prohibiting women from wearing the burqa and niqab
in public. Most Muslim women outside Pakistan and Afghanistan do
not wear the burqa, the full-body cloak which covers the face
entirely. However, the niqab, which covers the face apart from the
eyes, is more widely worn.
"The French government is also considering banning Muslim women
from wearing a full-face veil in public and similar measures are
under consideration in both the Netherlands and Italy.
"It seems unlikely that the UK will institute a similar ban.
However, issues regarding religious dress and symbols often arise
in the employment context."
Recent examples include: A decision to suspend a teaching
assistant for refusing an instruction not to wear her veil when
assisting a male teacher in class was deemed not direct
discrimination on grounds of religion or belief and, although
indirectly discriminatory, was lawful as it impeded her in
successfully supporting and communicating with pupils.
In the recent case of Eweida v British Airways, the Court of
Appeal held that a BA employee who was prevented by the firm's
uniform policy from wearing a visible Christian cross at work was
not indirectly discriminated against.
A Relate counsellor who was dismissed for refusing to work with
same-sex couples also lost his case.
Ms Wallace cautioned: "The recent spate of high profile cases
indicates that these issues are on the rise.
"Employers need to be aware of the extent to which their
policies and procedures may impact on religious groups and consider
whether and how particular issues can be accommodated. Recent case
law also highlights the value of having a properly implemented
equal opportunities policy as a demonstrated commitment to equality
was an important feature in recent cases."
DLA Piper has launched an Equality Act Survival Guide, an
innovative and interactive publication designed to help guide
businesses through the maze of the UK's brand new
anti-discrimination legislation.