Journal Article

Achbita and Another v G4S Secure Solutions NV

in Oxford Journal of Law and Religion

Volume 6, issue 3, pages 622-623
Published in print October 2017 | ISSN: 2047-0770
Published online October 2017 | e-ISSN: 2047-0789 | DOI: http://dx.doi.org/10.1093/ojlr/rwx038
Achbita and Another v G4S Secure Solutions NV

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Abstract

Employment – Discrimination – Religion or belief – Respondent private undertaking employing first claimant as receptionist on employment contract of indefinite duration – Unwritten rule, later transposed into workplace regulation, that workers could not wear visible signs of their political, philosophical or religious beliefs in the workplace – Respondent dismissing claimant on account of her continuing insistence that she wear the Islamic headscarf to work – Higher Labour Court ruling that the dismissal could not be considered unjustified since the workplace regulation did not give rise to direct discrimination, and no indirect discrimination or infringement of individual freedom or of freedom of religion evident – Court of Cassation, Belgium, referring question to Court of Justice of the European Union – Whether prohibition on wearing headscarf at the workplace constituted direct discrimination where employer’s rule prohibited all employees from wearing outward signs of political, philosophical, and religious beliefs at workplace – Council Directive 2000/78/EC of 27 November 2000, art 2(2)(a)

Journal Article.  619 words. 

Subjects: Religion ; Law ; Human Rights ; Law and Society

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