Flint Bishop

Religion is a minefield in the workplace warns Birmingham based law firm DLA Piper

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. 

 

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Article published by Midlands Business News on 29 June, 2010

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