BRADFORD Muslim Women's Council has slammed a ruling allowing companies to ban employees from wearing the hijab.

The internal ruling by Europe's top court, the European Court of Justice, states employers can ban workers from wearing headscarves at work as prohibiting the visible wearing of any political, philosophical or religious sign does not constitute direct discrimination, judges concluded.

Bana Gora, chief executive of the Muslim Women’s Council based at Carlisle Business Centre, in Bradford, said: “This ruling is a violation of women’s rights and autonomy.

"Given the alarming rise in hate crimes, the timing of this ruling will only embolden growing far-right sentiment which has been resurrected since Brexit. Instead of focussing on the hijab which has been so grossly dissected by the media and politicians alike, we must focus on the more pressing issues on our doorstep.

"The last thing we want to do is to alienate Muslim women who are already heavily disenfranchised.” 


The MWC added: "Europe is supposed to be a bastion of religious pluralism. However, this ruling will only equip employees with the legal safety net to discriminate against employees. 

"The suggestion that the hijab is not part of a “neutral” dress code merely implies that it is a provocation, and it only serves to undercut the religious freedoms of Muslim women, a group who are already bearing the brunt of rising Islamophobia in Europe." 

The European Court of Justice judgment was sparked by the case of a woman who was fired from her job as a receptionist at G4S in Belgium.

Samira Achbita was dismissed in June 2006 after insisting on wearing the Islamic headscarf at work.
She challenged her dismissal in the Belgian courts, which referred the case to the ECJ in relation to interpretation of an EU directive on equal treatment in employment and occupation.

The Court of Justice found that G4S's internal rule refers to the wearing of visible signs of political, philosophical or religious beliefs and therefore covers any manifestation of such beliefs without distinction.

A press summary setting out the ECJ's findings said: "The rule thus treats all employees of the undertaking in the same way, notably by requiring them, generally and without any differentiation, to dress neutrally.

"It is not evident from the material in the file available to the court that that internal rule was applied differently to Ms Achbita as compared to other G4S employees.

"Accordingly, such an internal rule does not introduce a difference of treatment that is directly based on religion or belief, for the purposes of the directive."

The Luxembourg-based court found that the prohibition on wearing an Islamic headscarf, which "arises from an internal rule of a private undertaking prohibiting the visible wearing of any political, philosophical or religious sign in the workplace", does not constitute direct discrimination based on religion or belief within the meaning of the directive.

The summary added that such a ban may constitute "indirect discrimination" if it is established that the apparently neutral obligation it imposes results in people adhering to a particular religion or belief being put at a particular disadvantage.

However, such indirect discrimination may be "objectively justified by a legitimate aim", such as the pursuit by the employer, in its relations with its customers, of a policy of political, philosophical and religious neutrality, provided that the means of achieving that aim are appropriate and necessary.

The chair of the Commons Women and Equalities Committee, Maria Miller, called for an urgent statement from the Government on the ruling, which she said could particularly penalise Muslim women at work.

Ms Miller said: "I think it's clear that what a woman wears is her choice and it should never be the choice of a court either here in the UK or the European Court of Justice.

"The Government really does need to make sure it is absolutely clear to employers that it is not legitimate to simply say on a whim that people are not allowed to wear outward signs of religious belief - whether it's a headscarf or a cross - that there is a need for any such policies to be legitimate and to be clear on what grounds they would be found to be legitimate.

"Given the level of discrimination that particularly Muslim women face, I do think the Government should make a statement on this urgently."