Azmi v Kirklees Metropolitan Council 1801450/06 (ET) | Practical Law

Azmi v Kirklees Metropolitan Council 1801450/06 (ET) | Practical Law

In Azmi v Kirklees Metropolitan Council a tribunal dismissed an employee's claim that a management instruction not to wear a veil while she was teaching amounted to direct discrimination on the grounds of religion and belief under the Employment Equality (Religion or Belief) Regulations 2003 (Religion or Belief Regulations). The employee had not established a prima facie case that she had been less favourably treated than a comparator in similar circumstances (a non-muslim employee who had covered their face).

Azmi v Kirklees Metropolitan Council 1801450/06 (ET)

Practical Law Resource ID 9-366-4954 (Approx. 2 pages)

Azmi v Kirklees Metropolitan Council 1801450/06 (ET)

by PLC Employment
Published on 19 Oct 2006England, Scotland, Wales
In Azmi v Kirklees Metropolitan Council a tribunal dismissed an employee's claim that a management instruction not to wear a veil while she was teaching amounted to direct discrimination on the grounds of religion and belief under the Employment Equality (Religion or Belief) Regulations 2003 (Religion or Belief Regulations). The employee had not established a prima facie case that she had been less favourably treated than a comparator in similar circumstances (a non-muslim employee who had covered their face).
The tribunal considered that her claim should properly come under the indirect discrimination provisions of the Religion or Belief Regulations, but went on to find that her employer had a legitimate aim in giving the instruction and the means of achieving it were proportionate. The tribunal did however agree with the employee's claim that she had been victimised in the way that her sickness absence and grievance had been dealt with by her employer and uplifted an award for injury to feelings on account of the employer's failure to comply with the statutory grievance procedure.
http://employment.practicallaw.com/jsp/binaryContent.jsp?item=:26660537