Visible Religious Symbols: European Court Ruling

Debate between Lord Pickles and Caroline Dinenage

Wednesday 15th March 2017 Commons Chamber

[Caroline Dinenage]

It would be helpful if I were to talk a little about the background to this, in order to aid our wider understanding. We are dealing with two cases here. The first, Achbita, was about whether a dress code banning the outward expression of personal belief was directly or indirectly discriminatory against a female Muslim who was sacked for wearing a headscarf. The second, Bougnaoui, concerned the same point, but it also raised the issue of whether a customer’s request not to be served by an employee wearing a headscarf can be a genuine occupational requirement. The ruling confirmed the current position under EU and domestic discrimination law: that a dress code that applies and is applied in the same way to all employees does not constitute direct discrimination but may constitute indirect discrimination. However, importantly, an employer’s willingness to take account of a customer’s wishes about staff wearing religious dress does not constitute a genuine occupational requirement. It is very important to point that out.

As I have stated, employers can enforce a dress code, but it must be proportionate and legitimate, and must apply equally to all employees. If an employer wants a neutral dress code with no religious or political symbols being worn, that must equally apply to all employees and religions. However, it remains unlawful to directly discriminate against someone because of their religion and to create any kind of spurious rules that will prevent the wearing of religious clothing or jewellery. The Government take this very seriously. Hate crime of any form will not be tolerated. The Government will not stand by and let that happen. We are very clear about where we stand on this. People will be protected in their workplace and, as I said, we will be reinforcing the guidance on religion and belief in the workplace which the EHRC has published. We will be making sure that employers are well aware of their responsibilities in that way.

[Sir Eric Pickles (Brentwood and Ongar) (Con)]

I am very pleased to hear that the Government are going to issue new guidelines. I hope that they will reflect British values, which demand that Muslim women should be able to wear the hijab, that Sikhs should be able to wear the turban, that Jewish people should be able to wear a kippah and that Christians can wear a cross. If we remove that basic right, the nature of British values changes. Any company that wants to be neutral and to deny its employees the ability to express their religion takes away from those employees and is fundamentally not British.

[Caroline Dinenage]

My right hon. Friend is absolutely right; the Government believe, and I believe, that people need to be able to feel strong in their religious identities, and we are ensuring that the voices of people of faith can be heard up and down this country. As now, any dress code or dress ban that an employer imposes must be for legitimate and proportionate reasons, and the employer must be prepared to defend it before a court or tribunal if necessary. Ultimately, those dress codes are for individual employers to decide on, but we are clear that any form of discrimination on the grounds of religion or faith will not be tolerated and is unlawful.

Oral Answers to Questions

Debate between Lord Pickles and Caroline Dinenage

Monday 8th September 2014 Commons Chamber

[Mr Pickles]

We are talking in terms of a matter of days. I understand that the consultants have finished their report, but the facts will have to be checked with Tower Hamlets, and only when that process has been completed will I be briefed on it. I shall then have to make a “minded” statement, because Tower Hamlets will obviously have the right to respond before I make a final statement to the House.

[Caroline Dinenage (Gosport) (Con)]

T5. This Saturday I shall be cleaning up Gosport with my local litter action group. [Hon. Members: “Hear, hear.”] Thank you so much.In the light of the recently launched inquiry into litter by the Communities and Local Government Committee, will the Minister join me in commending the litter action initiative, which involves community volunteers from all over the United Kingdom working to keep their local streets clean?

Oral Answers to Questions

Debate between Lord Pickles and Caroline Dinenage

Thursday 15th July 2010 Commons Chamber

[The Secretary of State for Communities and Local Government (Mr Eric Pickles)]

The Government will ensure that, where local authorities have made appropriate provision for authorised sites in their area, reflecting genuine local need and historic demand, they will have stronger enforcement powers to deal with unauthorised encampments. We are reviewing how this can be achieved.

[Caroline Dinenage]

Under the last Government, illegal sites and caravans were increasingly tolerated, with councils deciding not to seek their removal. Will the Secretary of State please reassure me that Travellers will no longer be allowed to breach the planning rules that law-abiding home owners have to abide by?

[Mr Pickles]

We have to remember that a significant number of Gypsies and Travellers are themselves law-abiding citizens. What we want to see is fair play within our planning system. The overwhelming majority of Travellers abide by the rules, but we will ensure that those small minorities that do not are no longer encouraged to do so by the law.