drawing the veil
April 30, 2007
Azmi v Kirkless MBC – April 2007. This case concerned a TA who was suspended because she refused to remove her veil when working with a male colleague in class. She claimed discrimination on the grounds of religion, the veil being a part of her expression of the muslim faith.
The School maintained that the veil prevented effective communication.
The Employment Tribunal rejected her claim as did the Employment Appeal Tribunal which held that someone in the same position as the TA would have been treated in the same manner and therefore she could not succeed in her claim of direct discrimination.
As for indirect discrimination – ie, did the School’s no veil policy disadvantage this particular TA because of her religious belief? The EAT said it could, but that the policy was a proportionate means of achieving a legitimate aim – ie, the aim of effectively communicating with children. Her claim therefore failed.
