By James Simons-
Employers are entitled to ban workers from the “visible wearing of any political, philosophical or religious sign” including headscarves, the European Court Of Justice hs ruled.
The entitlement is justified where internal company rules require all employees to “dress neutrally”, the European Court of Justice (ECJ) said. It cannot be based on the wishes of a customer, it said.
The ECJ’s landmark ruling is the first to be prompted by the case of a receptionist for wearing a headscarf to work at the company G4S in Belgium.
Samira Achbita was dismissed when she began wearing a headscarf to work after three years of employment. Achbita claimed she was being discriminated against on the grounds of her religion. She was in error because the companies amended workplace regulations applied to all emblems relating to any religion or political orientation.
The court explained that the prohibition imposed on all employees was “from wearing any visible signs of their political, philosophical or religious beliefs and/or from engaging in any observance of such beliefs”, the court explained in its ruling.
It, therefore, covered “any manifestation of such beliefs without distinction”, and was therefore not discriminatory, it said.
The court emphasised that “an employer’s desire to project an image of neutrality towards both its public and private sector customers is legitimate” – but national courts must make sure this policy of neutrality had been applied equally to all employees.
It said the Belgian court ruling on the case must also ascertain whether it could have been possible to offer Ms Achbita another post not involving visual contact with customers. The important ruling clarifies that wherever a general rule exists that applies to all groups of people, the issue if discrimination doesn’t even arise.
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