Reviews and Ratings for solicitor Elissa Thursfield, Llandudno

Tuesday 14 March 2017

Employers can ban headscarves at work

Employers will be able to ban Muslim staff from wearing headscarves at work, the European Court of Justice has ruled.
 
According to reports, the Court said that companies are able to ban the 'visible' wearing of any political, philosophical or religious sign.
 
Employers need to however apply any ban with caution, if a ban was only applied to Muslim members of staff and no other staff members wearing 'visible' signs, it could constitute direct discrimination. This would mean therefore that if a company were to ban the headscarf, a similar stance would need to be taken for example with a Christian cross, if visible.
 
Employers would also need to have a policy in place prohibiting the wearing of religious symbols, prior to asking any member of staff to remove an item. Such a request could not therefore be reactive, for example to a customer complaint.
 
The case follows a ruling in a case brought by two women from France and Belgium who were dismissed for failing to remove their headscarves.