Azmi v Kirklees Metropolitan Borough Council UKEAT/0009/07/MAA; [2007] IRLR 484 | Practical Law

Azmi v Kirklees Metropolitan Borough Council UKEAT/0009/07/MAA; [2007] IRLR 484 | Practical Law

In Azmi v Kirklees Metropolitan Borough Council the EAT upheld a tribunal's finding that an instruction to remove the veil (which covered all but Mrs Azmi's eyes) when carrying out her duties as a bilingual support worker, was neither direct or indirect discrimination on grounds of religion and belief. Mrs Azmi had not been treated less favourably than a comparator (a woman who, whether Muslim or not, wore a face covering) would have been in similar circumstances. The instruction to Mrs Azmi to remove her veil whilst teaching did not "target the veil". It had been issued to achieve a legitimate aim (the provision of the best quality education) and the instruction to Mrs Azmi (to remove her veil whilst teaching) was a proportionate means of achieving that aim. The EAT refused to refer the case to the ECJ.

Azmi v Kirklees Metropolitan Borough Council UKEAT/0009/07/MAA; [2007] IRLR 484

Practical Law Resource ID 7-375-8114 (Approx. 2 pages)

Azmi v Kirklees Metropolitan Borough Council UKEAT/0009/07/MAA; [2007] IRLR 484

Published on 30 Mar 2007England, Scotland, Wales
In Azmi v Kirklees Metropolitan Borough Council the EAT upheld a tribunal's finding that an instruction to remove the veil (which covered all but Mrs Azmi's eyes) when carrying out her duties as a bilingual support worker, was neither direct or indirect discrimination on grounds of religion and belief. Mrs Azmi had not been treated less favourably than a comparator (a woman who, whether Muslim or not, wore a face covering) would have been in similar circumstances. The instruction to Mrs Azmi to remove her veil whilst teaching did not "target the veil". It had been issued to achieve a legitimate aim (the provision of the best quality education) and the instruction to Mrs Azmi (to remove her veil whilst teaching) was a proportionate means of achieving that aim. The EAT refused to refer the case to the ECJ.