The case of Begum v Pedagogy Auras UK Limited, which was heard by the Employment Appeal Tribunal recently, has acted as a stark reminder that employers should be cautious when implementing dress codes, particularly when it could impact upon an employee’s religion or belief.
In the wake of this case, we've taken a look at its implications as well as those of implementing a dress code in the workplace. How should an employer decide what is appropriate attire for the workplace? And more importantly, how should they act if there is a concern that it constitutes discrimination?
Howells Solicitors offers a brief guide to help employers get it right.
Begum v Pedagogy Aurus UK Limited
The case mentioned above involved Ms Begum, a devout Muslim, whose religion required her to wear a jilbab (a long, loose fitted garment). When applying for a role at Pedagogy, a day nursery in Essex, Ms Begum undertook a half-day trial and was interviewed by the managing director, wearing her jilbab throughout. She was then offered an apprenticeship.
During the interview, the managing director discussed the nursery’s dress code policy, in which it was stated that employees should wear non-slip footwear. At this point, the interviewer noted that Ms Begum’s jilbab touched the floor and covered Ms Begum’s shoes, commenting that it could pose a health and safety risk. The nursery then enquired whether Ms Begum could wear a shorter jilbab or wear trousers during working hours, similarly to other Muslim employees. Ms Begum explained that she would discuss the issue with her family and let them know accordingly. Ms Begum, however, did not contact the nursery again, and proceeded to make a claim against them in the Employment Tribunal for religious discrimination.
At the resulting hearing, the Tribunal ruled in favour of the business, commenting that they had been acutely aware of their health and safety obligations and there was no discrimination as the nursery was not insisting that Ms Begum did not wear her jilbab in work. Ms Begum appealed to the EAT who agreed with the Tribunal’s original decision.
Implications for Employers
The case of Begum v Pedagogy Aurus UK Limited highlights that each case pivots on its own individual facts and circumstances. It is therefore essential that employers consider whether their dress codes could be considered discriminatory, and if so, whether they could be objectively justified by a legitimate aim (such as complying with health and safety regulations). They should also ensure that compliance is achieved in a way that could be considered proportionate.
If you would like to discuss the above in more detail or review your current dress code policy, please get in touch and my team and I will be able to assist you.
