Visible Religious Symbols: European Court Ruling

Sarah Champion Excerpts

Wednesday 15th March 2017 Commons Chamber

[Sarah Champion (Rotherham) (Lab)]

I thank the right hon. Member for Basingstoke (Mrs Miller) for raising this important issue. The ruling is not as clearcut as press articles would have us believe, but it does raise real concerns about religious freedom in the workplace, including for Muslim women who choose to wear the hijab. When making their ruling, the judges relied on the concept of workplace policies that require neutrality. Neutrality has specific cultural significance in Belgium and other European countries, based on their particular meaning of secularism, which does not resonate in Britain. Does the Minister agree that this concept of neutrality is illogical, as a customer, patient or service user could not make a valid assumption as to the religious persuasion of a company, or perceive that a company is particularly favouring one religious group or another, by virtue of how its employees dress?

Women and men must be allowed to choose their expression of faith. Simply put, this judgment is not consistent with the British liberal and human rights tradition. Of real concern are the implications that this may now have for faith communities. Already, the far right across Europe is rallying on the judgment. I thank the Minister for making a clear statement today that people can express their faith, in a professional manner, in the workplace, but can she confirm that this Government believe that preventing women from wearing the hijab, as exampled in this case, is simply and unconditionally wrong?

What is the Government’s position on the concept of a dress code for staff that requires neutrality in the workplace? I am pleased that the Minister has confirmed that she will be working with the EHRC on updating the guidance to employers on this ruling. Will she confirm that it will reinforce the rights of employees in the UK to express their religious freedom?

G4S holds a number of Government contracts. Has the Minister reinforced with G4S, the employer in this situation, its employees’ rights to wear clothing necessary for their religious practice in the UK?

[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.