In a landmark ruling, the Employment Appeal Tribunal determined that an employer’s request for an employee to wear a shorter traditional garment was justified on safety grounds.
- The tribunal emphasised that workplace safety takes precedence over religious dress practices, provided there is no outright prohibition on religious garments.
- Ms T Begum claimed discrimination when asked to wear a shorter jilbāb at a nursery job, citing it clashed with her beliefs.
- Despite these claims, the tribunal found the employer’s request reasonable, focusing on health and safety concerns for children and staff.
- The decision underscored that uniform policies are permissible if they apply equally across all employees, irrespective of religious beliefs.
The Employment Appeal Tribunal recently ruled in a case where a woman, Ms T Begum, alleged discrimination after being asked to wear a shorter jilbāb while working at a nursery. The tribunal concluded that the employer’s request was not discriminatory as it stemmed from legitimate health and safety concerns.
The tribunal highlighted that health and safety requirements generally hold more weight than religious practices in the workplace. This principle was evident in Ms Begum’s case, where the potential tripping hazard posed by her floor-length jilbāb was deemed a valid concern.
During her interview, Ms Begum was informed that the nursery setting where she would be working required moving around actively with children, and her garment’s length presented safety risks. The employer suggested alternatives such as a slightly shorter jilbāb, which she initially did not contest.
However, Ms Begum later filed a claim stating that the requirement offended her morals and beliefs. She felt that the request to modify her dress was discriminatory against her ethnic and cultural background.
The tribunal dismissed her claims, clarifying that she was only asked to consider a shorter version of her jilbāb, with no absolute prohibition on wearing the garment. Judge Daniel Serota QC determined that the policy was equitable across different faiths and prioritised the health and safety of all staff and children.
Furthermore, the tribunal noted that the nursery employed other Muslim women who wore shorter jilbābs without issue and whose religious practices, such as prayer and fasting, were accommodated by the employer.
An official from the National Secular Society remarked that, “Clearly the health and safety of staff and children is the priority here. There is not an unlimited right to manifest your religion in the workplace.”
The tribunal’s decision reinforces the principle that health and safety can justify reasonable adjustments to religious dress without constituting discrimination.
