Azmi v Kirklees Metropolitan Borough Council: EAT 30 Mar 2007

The claimant alleged discrimination. As a teaching assistant, she had been refused permission to wear a veil when assisting a male teacher.
Held: Direct discrimination had not been shown. The respondent had shown that any comparator would have also been required to remove a veil since it obscured her face and mouth and was a barrier to effective learning. The requirement not to wear clothing which interfered unduly with an employee’s ability to communicate was neutral within article 2. No indirect discrimination had been shown.

Wilkie J
[2007] UKEAT 0009 – 07 – 3003, Times 17-Apr-2007, [2007] IRLR 484, [2007] ELR 339, [2007] ICR 1154
European Convention on Human Rights 2, European Union Council Directive 2000/78EC, Employment Equality (Religion or Belief) Regulations 2003
CitedBilka-Kaufhaus v Webers Von Hartz ECJ 13-May-1986
ECJ An occupational pension scheme which, although established in accordance with statutory provisions, is based on an agreement between the employer and employee representatives constitutes an integral part of . .
CitedLommers v Minister van Landbouw, Natuurbeheer en Visserij ECJ 19-Mar-2002
Europa Social policy – Equal treatment of men and women – Derogations – Measures to promote equality of opportunity between men and women – Subsidised nursery places made available by a Ministry to its staff – . .
CitedHardys and Hansons Plc v Lax CA 7-Jul-2005
The issue of justification of discrimination is rarely a simple matter. No margin of appreciation was to be allowed to an employer. It is for the tribunal to make its own judgment as to whether the practice complained of by the employee was . .
CitedShamoon v Chief Constable of the Royal Ulster Constabulary HL 27-Feb-2003
The applicant was a chief inspector of police. She had been prevented from carrying out appraisals of other senior staff, and complained of sex discrimination.
Held: The claimant’s appeal failed. The tribunal had taken a two stage approach. It . .
CitedMangold v Helm ECJ 22-Nov-2005
ECJ Grand Chamber – Directive 1999/70/EC – Clauses 2, 5 and 8 of the Framework Agreement on fixed-term work – Directive 2000/78/EC – Article 6 – Equal treatment as regards employment and occupation – Age . .
CitedSecretary of State for Defence v Elias CA 10-Oct-2006
The claimant said that a scheme drawn by the defendant for compensating British civilians interned by the Japanese during the second world war was indirectly discriminatory on racial grounds by requiring a national origin link with the UK. She had . .

Lists of cited by and citing cases may be incomplete.

Employment, Discrimination, Human Rights

Leading Case

Updated: 09 November 2021; Ref: scu.251294