Businesses’ newly affirmed ability to ban headscarves likely to continue in Post-Brexit UK

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On Tuesday (14 March), the European Court of Justice (ECJ) ruled against two Muslim women who claimed employment discrimination after being fired from their jobs for wearing hijab, modest religious dress which includes a headscarf.

British legal experts say that the ruling will automatically remain enforced in the UK until it has actually split from the EU. This process will take about 2 years. After this period, it is unlikely that a British court would overturn the ruling.

A related British court case in 2012 had the opposing outcome. A guard at Buckingham Palace successfully opposed the military’s opposition to his turban. While this court case does not directly overturn this ruling, it opens possibilities for future opposition.

A 2007 British airways ban on Christian crosses was also struck down in court because headscarfs and turbans were permitted for religious reasons. The grounds for this decision were that the ban did not treat religious groups equally.

UK employers and legal experts, however, do not see the ruling as a major reversal of British legal approaches of the past. One reason for this is that companies still cannot ban religious garb for any reason other than “neutrality” of uniforms, including if customers complain. The courts in the UK will still likely avoid extreme positions on individual cases.

Muslims organisations in the UK, including the Muslim Council of Britain, see the ruling as an affront to equality.

 

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Sources

http://www.ibtimes.co.uk/right-ban-muslim-headscarves-workplaces-will-apply-post-brexit-uk-1611743