Uniform
What do we do about employees who want to wear the Kirpan? We don't have a policy on this in our uniform policy.
What the employer did:
The employer opted to incorporate the Kirpan into their uniform policy and to train people to recognise the Kirpan and who would be wearing it.
EFB Comment:
While this is a very narrow example, it does raise the question of how far employers should go in adapting uniform/dress codes to deal with symbols of faith.
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What do we do about female staff in customer facing roles wearing veils and burkas when elderly or disabled customers experience difficulty in hearing or understanding them?
EFB Comment:
An employer can have a policy which limits the wearing of the veil at work. But this is likely to discriminate indirectly against Muslim women and would need to be objectively justified. It is possible to establish a legitimate aim, provided that clear 'over the counter' communications with customers are an important requirement of the job and the employer can show that the veil impairs communication. We would recommend that supporting evidence is gathered (in this case e.g. customer complaints). To date legal experience suggests that proportionality would depend on showing that other solutions had been properly examined, and that restrictions were properly focused (for example, the wearing of the veil should not be restricted except where it impedes satisfactory job performance, and unless there are other considerations should be permitted at other times).
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