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Employers can ban female workers from wearing headscarves, European court rules

Critics have warned that a ruling by the highest court in Europe that employers can ban female workers from wearing headscarves will ‘normalise discrimination’.

According to the ruling today by the European Court of Justice (ECJ), employers are permitted to prevent staff from the ‘visible wearing of any political, philosophical or religious sign’.

The ban must be based on company rules that require all employees to ‘dress neutrally’, the court added.

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The ruling means companies can ban all religious symbols, but it was met with fierce criticism by religious groups and leaders.

‘It is a sad day for justice and equality,’ said a spokesperson for the Muslim Council of Britain.

‘At a time when populism and bigotry are at an all-time high, we fear that this ruling will serve as a green light to those wishing to normalise discrimination against faith communities.

Religious symbols such as the Christian cross can also be banned (Picture: Rex)
Religious symbols such as the Christian cross can also be banned (Picture: Rex)

‘Many will be worried that this action will prevent Muslim women who choose to wear the scarf from securing jobs. And it sends a message that we cannot accept a plural society that recognises and celebrates religious differences.

‘This is a backward step which people of all faiths and none should speak out against.’

A Church of England spokesman said: ‘This ruling raises significant questions about freedom of religion and its free expression, whether it be Sikhism and the wearing of turbans and kara through to the wearing of a cross.

‘In preferencing “freedom to conduct a business” above the free expression of faith the ruling potentially places corporate interest above those of the individual.

‘Equally troubling is the assumption of “neutrality” within the ruling. The imposition of blanket bans – whilst often seeking honourable outcomes – may represent a worldview based on dogmatic or ideological assumptions which may unjustly limit individual rights.’

Chief Rabbi Goldschmidt, president of the Conference of European Rabbis, said: ‘This decision sends signals to all religious groups in Europe.

‘With the rise of racially motivated incidents and today’s decision, Europe is sending a clear message; its faith communities are no longer welcome.

‘Political leaders need to act to ensure that Europe does not isolate religious minorities and remains a diverse and open continent.’

A Jewish Star of David necklace may be banned in the workplace under the new ruling (Picture: Rex)
A Jewish Star of David necklace may be banned in the workplace under the new ruling (Picture: Rex)

The ECJ’s first ruling on the issue was prompted by the case of a receptionist who was sacked for wearing a headscarf at the company G4S in Belgium.

Samira Achbita lost her job after three years of employment when she started wearing a headscarf to work.

She challenged her dismissal in the Belgian courts, which referred the case to the ECJ in relation to interpretation of an EU directive on equal treatment in employment and occupation.

She claimed she suffered discrimination on religious grounds, but the ECJ ruled in the company’s favour.

The court said the firm had amended workplace rules to forbid staff ‘from wearing any visible signs of their political, philosophical or religious beliefs and/or from engaging in any observance of such beliefs’.

Because this covered ‘any manifestation of such beliefs without distinction’, the court said, her sacking was not discriminatory.

The court ruled that ‘an employer’s desire to project an image of neutrality towards both its public and private sector customers is legitimate’, as long as this policy is applied to every employee.

The ruling means companies can ban women from wearing headscarves at work (Picture of model: Rex)
The ruling means companies can ban women from wearing headscarves at work (Picture of model: Rex)

Former Ukip leader Nigel Farage also criticised the ruling, telling Sky News: ‘It depends whether these things are applied evenly across all religions or whether some religions get more favoured status than others.

‘I’ve always personally thought that people should be able to wear a badge or an emblem of their religion.’

A press summary setting out the ECJ’s findings said: ‘The rule thus treats all employees of the undertaking in the same way, notably by requiring them, generally and without any differentiation, to dress neutrally.

‘It is not evident from the material in the file available to the court that that internal rule was applied differently to Ms Achbita as compared to other G4S employees.

‘Accordingly, such an internal rule does not introduce a difference of treatment that is directly based on religion or belief, for the purposes of the directive.’

Nick Elwell-Sutton, employment partner at law firm Clyde & Co, said: ‘The judgment demonstrates to employers how critical it is for a businesses to have a well-documented policy and to apply it consistently across the workforce.’

The Rt Revd Nicholas Baines, the Bishop of Leeds, said: ‘Inevitably, this judgment once again raises vital questions about freedom of expression (not just freedom of religion), and shows that the denial of freedom of religion is not a neutral act, contrary to how it might be portrayed.

‘There is no neutral space.’