Begum v Pedagogy Auras UK Ltd (t/a Barley Lane Montessori Day Nursery) [2015] UKEAT 0309_13_2205

Posted In: Case Law
  • Case Reference
    UKEAT 0309_13_2205
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Discrimination and Equality
Issues covered: Religious discrimination; Belief; Indirect discrimination

This case concerned a Muslim who was offered a nursery apprenticeship but who wanted to wear a full length a garment that reached from her neck to her ankles (a jilbab). The nursery refused on the ground that it was a tripping hazard. The claimant argued indirect discrimination on grounds of her religious belief. The tribunal found in favour of the employer and the EAT agreed - the policy was grounded in health and safety. No evidence was provided by the claimant that a full length garment (as opposed to a shorter length one proposed by the nursery) was a religious requirement. Even if evidence had been provided, the provision, criterion or practice (PCP) of requiring all employees to wear

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This article is correct at 05/06/2015

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