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We have had another Advocate’s opinion in the European Court of Justice about whether or not it is lawful for an employer to ban a Muslim employee from wearing the Hijab at work.  This time, the guidance is completely different, which is rather confusing.

Last time this issue was considered, there was an opinion given by Advocate General Kokott, who concluded that a ban on wearing visible religious clothing was justified.  This time, Advocate General Sharpston has given his opinion that it was unlawful for an employer to ban a Muslim employee from wearing an Islamic headscarf when in contact with clients. Neither opinion is binding on the ECJ who will determine both cases on their own facts in due course.

In the meantime, employers should be very careful to justify any dress codes or policies banning religious symbols or clothing and should take professional advice before introducing such a policy – and of course, this is something Middleton Law Ltd can help with.

Why not give us a call, we’re here to help make things less confusing for you!


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