Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • 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
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • 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
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Case lawBelgiumFranceReligious discriminationDress codes

Religious dress at work: ECJ to hear Muslim headscarf cases

by Personnel Today 24 Feb 2016
by Personnel Today 24 Feb 2016 A Muslim IT engineer was told to remove her hijab when visiting clients/Posed by model
A Muslim IT engineer was told to remove her hijab when visiting clients/Posed by model

What should an employer do if a third party objects to an employee wearing religious dress while working on the third party’s premises? In March, the European Court of Justice (ECJ) is to consider this issue in two controversial cases on Muslim women wearing Islamic headscarves (hijabs) at work.

Religious dress at work

Establish workplace dress code

Should a female Muslim employee be allowed to wear a veil or headscarf?

Religious clothing at work

On 15 March 2016, the ECJ will hear the reference in the French case Bougnaoui and another v Micropole Univers.

In Bougnaoui, a Muslim IT engineer who wore an Islamic headscarf was told by her employer to remove it while visiting clients, after a client’s staff complained about her appearance.

The Muslim employee was dismissed after she refused to comply with this request from her employer, which has strict rules about staff expressing or displaying personal beliefs when with clients.

The employee brought a claim in the French domestic court, which referred the issue to the ECJ.

The French court asked the ECJ whether or not the wish of this customer that a visiting IT engineer not wear an Islamic headscarf could be a “genuine and determining occupational requirement” of the job.

Also due to be heard by the ECJ on 15 March 2016 is the similar Belgian case Achbita and another v G4S Secure Solutions NV.

In Achbita, a Muslim receptionist who was permanently contracted out to work for a third party informed her employer that she was going to begin wearing a headscarf in the workplace.

The receptionist’s employer told her that the wearing of any visible religious symbols was contrary to its rules on neutrality, which applied during contact with clients.

The employer subsequently amended its written rules on workplace dress and appearance. It introduced a uniform and banned workers from wearing any visible symbols expressing their political, philosophical or religious beliefs.

Discrimination laws in France and Belgium

France: Equal opportunities

Belgium: Equal opportunities

The Muslim receptionist’s refusal to go to work without a headscarf ultimately resulted in her dismissal.

She brought a domestic discrimination claim, and Belgium’s labour appeal court referred her case to the ECJ.

The Belgian court sought guidance from the ECJ on whether or not a rule forbidding all staff from wearing any visible political or religious symbols could lead to direct discrimination against Muslims who wish to wear a headscarf at work.

Stephen Simpson, principal employment law editor at XpertHR, said: “While these cases are dealing with laws in France and Belgium, they should be of interest to UK employers too.

“The key practical issue for employers is what do they do if an employee is working on a third party’s premises and the third party objects to something of religious or political significance that the employee is wearing.”

He continued: “I am not aware of any previous case law on this incredibly tricky issue, and I would not like to be in the shoes of an HR professional in this situation.

“On the one hand, employees have the right not to be discriminated against because of their beliefs. On the other hand, the employer may need to protect its business relationship with the client.”

Religious dress at work: previous controversies in the UK

Christian cross In Eweida and others v United Kingdom, the European Court of Human Rights held that UK law failed to protect a worker’s right to manifest her religion by wearing a visible cross at work.

Niqab In Azmi v Kirklees Metropolitan Borough Council, the Employment Appeal Tribunal (EAT) held that the employer did not unlawfully discriminate against a teaching support worker by refusing to allow her to wear a veil (niqab) in the classroom.

Jilbab In Begum v Pedagogy Auras UK Ltd t/a Barley Lane Montessori Day Nursery, the EAT held that there was no religious discrimination against a Muslim woman in a job interview when she was asked about the potential for her long religious dress (jilbab) to provide a trip hazard.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

Hijab In Farrah v Global Luggage Co Ltd, the employment tribunal accepted that a Muslim employee who came to work wearing a headscarf (hijab) was forced to resign because her employer believed that her appearance did not fit in with its “trendy” image.

Turban In Bal v Secretary of State for Work and Pensions (Jobcentre Plus), the claimant successfully argued that a colleague’s prank involving landing a radio-controlled toy helicopter on his turban constituted religious harassment.

Personnel Today

Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

previous post
Clarkson apologises to producer, settles out of court
next post
BMA to probe equality impact of junior doctor contract

You may also like

Consultation launched after Supreme Court ‘sex’ ruling

20 May 2025

EHRC bows to pressure and extends gender consultation

15 May 2025

‘Unacceptable to question integrity’ of Supreme Court judgment

2 May 2025

Trans ex-judge to appeal Supreme Court biological sex...

29 Apr 2025

EHRC: Interim update on single-sex spaces draws criticism

28 Apr 2025

UK employees worried by potential rise of US...

24 Apr 2025

Opposition to Supreme Court sex ruling is ‘wishful...

22 Apr 2025

Supreme Court transgender ruling: ‘common sense’ or ‘incredibly...

17 Apr 2025

Supreme Court: legal definition of woman based on...

16 Apr 2025

Philip Green loses human rights case at ECHR

8 Apr 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...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 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • 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
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+