Begum v Pedagogy Auras UK Ltd (t/a Barley Lane Montessori Day Nursery)  UKEAT 0309_13_2205Posted In: Case Law
Case ReferenceUKEAT 0309_13_2205
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionDiscrimination and Equality
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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