Begum v Pedagogy Auras UK Ltd (t/a Barley Lane Montessori Day Nursery)

Employment – Discrimination. The claimant brought a claim before the employment tribunal (the tribunal) against the respondent nursery for indirect discrimination on the grounds of religious belief. She asserted that she had been discriminated against because of the dress code said to be imposed by the respondent which prevented her from wearing a full-length jilbab (a garment worn as part of her Muslim religious beliefs) and meant that she was unable to accept the respondent's offer of employment. The tribunal, in dismissing her claim, found that the requirement that garments did not go to the floor, thereby creating a possible trip hazard, was not a requirement or criterion which had placed Muslim women, or the claimant in particular, at a disadvantage and, in any event, it had been a proportionate means of achieving a legitimate aim. The Employment Appeal, in dismissing the claimant's appeal, held, among other things, that the tribunal had not erred in its identification of the relevant provision, criterion or practice and had not made a perverse finding of fact.

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