Discrimination Law is one of the most difficult areas an employer can face when dealing with employees. However our local employment law solicitors can make the minefield seem like a walk in the park.
Uniforms and dress codes are often situations which pose employers with very complex equal opportunity questions.
The Court of Justice of the European Union (CJEU), has this year had two contrasting cases referred to it relating dress codes and wearing religious/philosophical signs.
In the case of Achibita –v- G4S Secure Solutions NV the Advocate General confirmed that prohibiting the wearing of a head scarf can be justified by an employer’s general policy of neutrality and where the ban applied consistently to all visible signs of religious or philosophical beliefs.
However, the latest decision in the case of Eougnaoui –v- Micropole SA has found that unless there is a “genuine and determining occupational requirement”, which must be limited to matters which are absolutely necessary in order for the employee to perform their job or the task in question, it would not be possible for the employer to simply put a blanket ban against the wearing of any religious/philosophical sign when setting a company uniform or dress code.
Employers looking to ensure that they have a clear and compliant policy on uniform and dress code or indeed if they have any queries or issues relating to these developments, are welcome to contact our Employment Law Solicitors on 01530 835041.