Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Employment lawEquality, diversity and inclusionReligious discriminationUnfair dismissal

Muslim employee ‘forced to resign’ after wearing headscarf to work

by Laura Chamberlain 7 Aug 2012
by Laura Chamberlain 7 Aug 2012

A London-based retailer forced a Muslim employee to resign after she wore a headscarf to work, because it wanted to retain its “trendy” image, an employment tribunal has ruled.

Ms Farrah brought a claim for unfair dismissal and direct religious discrimination against her former employer, Global Luggage Co, after the company moved her to a different store to maintain its “trendy” image and later forced her to resign.

Originally, Farrah worked in both the Oxford Street and Piccadilly branches of Global Luggage Co on alternate days each weekend. However, the day after Farrah wore a headscarf to work one of the directors immediately moved her to the Oxford Street store and changed her rota so that she no longer worked at the Piccadilly store.

When Farrah challenged one of the directors as to whether the reason for this move was because she had worn a headscarf, she was told that the company was “trying to maintain an image at Piccadilly” and that it was “trying to be trendy”.

A couple of months later, Farrah was forced to resign after she took an extended lunch break.

However, the tribunal ruled that the company had “seized on the claimant’s admitted misconduct as a pretext for dismissing her” and that the real reason for her forced resignation was that she had worn a headscarf to work.

Farrah won her claim for unfair dismissal but lost her claim for direct religious discrimination. However, the judge said that, had she brought a claim for indirect discrimination, the tribunal would have “in all likelihood” ruled in her favour.

Last month, David Cameron vowed to “change the law” to allow people to wear religious symbols at work, when he was asked to comment on the Eweida case, in which a British Airways employee was sent home for wearing a visible crucifix around her neck.

However, Stephen Simpson, senior employment law editor at XpertHR, argued that Farrah’s case shows that current legislation is already sufficient for this type of claim.

“The circumstances in this case are pertinent at this time, with two cases about religious symbols in the workplace due before the European Court of Human rights in September and David Cameron’s vow to ‘change the law’ to allow people to wear religious symbols in the workplace.

“The outcome in this case is a good example of how religious discrimination legislation works perfectly well as it is – although the claimant lost because of the way she presented her claim, the tribunal was clear that, had she claimed indirect discrimination, she would have undoubtedly succeeded.”

Full details of this case and practical tips for employers on dress codes that cover headscarves in the workplace are available on XpertHR.

Avatar
Laura Chamberlain

previous post
Why cyberbullying is an issue for HR
next post
Businesses held back by lack of management skills

You may also like

Women in FTSE 350 leadership: ‘A lot of...

20 May 2022

City firms pledge to improve social mobility in...

20 May 2022

One in five employers planning ‘no jab no...

19 May 2022

Ethnic diversity: report highlights disparities in school leadership

18 May 2022

Gender equality facing growing backlash from male managers

16 May 2022

Lack of flexibility pushes half of women to...

16 May 2022

Ethnicity pay gaps: Not making reporting mandatory is...

16 May 2022

MP demands timeline on carer’s leave legislation

13 May 2022

How to build a compelling talent attraction strategy...

12 May 2022

Women in finance: Aviva CEO slams sexist comments...

11 May 2022
  • Apprenticeships are the solution to your recruitment problems PROMOTED | Apprenticeships have the pulling power...Read more
  • What it really means to be mentally fit PROMOTED | What is mental fitness...Read more
  • How music can help to ease anxiety at work PROMOTED | A lot has happened since March 2020, hasn’t it?...Read more
  • Why now is the time to plug the unhealthy gap PROMOTED | We’ve all heard the term ‘health is wealth’...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+