Muslim woman loses legal battle to wear Jibab at Nursery / June 14 2015

Express. Home of the Daily and Sunday Express. express_logo

A MUSLIM woman has lost her legal battle to wear a style of traditional Islamic dress at a nursery – as it was a ‘tripping hazard’ for children and staff.
PUBLISHED: 14:48, Fri, Jun 12, 2015 | UPDATED: 20:20, Fri, Jun 12, 2015

The woman, not pictured, lost her legal battle to wear her jibab in the workplace

Tamanna Begum wanted to wear a flowing, head-to-toe hijab gown to Barley Lane Montessori Day Nursery in Ilford, Essex.

She wore her full-length outfit at her interview, where a manager offered her an apprenticeship but asked if she could wear a slightly shorter jilbab that did not extend over her feet when she joined.

Ms Begum, a devout Sunni Muslim, said that she would discuss the request with her family.

The nursery, which provides day care to children aged two months and over, was expecting Ms Begum to start working at the nursery and was surprised when she failed to show on her first day.

Instead, she issued a tribunal claim for religious discrimination, saying that she “had been insulted” by the request at her October 2011 interview.

She claimed that it would be “against her morals and beliefs” to wear a shorter garment and that she had suffered discrimination because of her “ethnic or cultural background”.

She refused to accept that her full-length dress posed a health and safety risk, saying she wore it while running and jumping outdoors.

But the Employment Appeal Tribunal has now upheld a ruling by East London employment tribunal that the gown was “reasonably regarded as a tripping hazard” by the nursery.

Judge Daniel Serota QC noted that Ms Begum was only asked to wear a shorter version of the jilbab she sported at interview rather than being banned from wearing the religious garment at all.

He cited the original tribunal’s ruling: “At no point was she told that she could not wear a jilbab while working at the nursery.”

The original tribunal panel also correctly concluded that health and safety policy “applied equally to staff of all religions” and ruled that the request was a proportionate means of “protecting the health and safety of staff and children.”

The nursery employed 16 staff, including four Muslim women who wore hijabs and were accommodated by their employer with prayer time and time off work for Ramadan.

The appeal judge found in favour of the nursery’s owner, Pedagogy Auras UK Ltd.

Commenting on the case, a National Secular Society spokesperson said: “Clearly the health and safety of staff and children is the priority here.

“There is not an unlimited right to manifest your religion in the workplace.

“The employer made a very reasonable, practical request and we are pleased to see the judge siding with them.” In 2006, the House of Lords overturned an appeal court ruling that a Muslim teenager’s human rights were violated when she was banned from wearing a hijab to school.

The unanimous ruling by five law lords was greeted with relief by teachers’ bodies and the Department for Education and Skills, which feared that upholding the ruling would throw schools’ policies on uniforms into chaos.

Shabina Begum, 17, who was represented on legal aid by Cherie Booth QC, had argued that banning her from wearing the jilbab at Denbigh high school in Luton, Bedfordshire, breached her rights to education and to manifest her religion, as guaranteed by the European convention on human rights.

She lost two years’ schooling before moving to a school which allowed her to wear the religious garb.

But the law lords said there was no right to be educated at a particular school and she could have moved earlier to a single-sex school where the garment would be unnecessary or to a school where it was permitted.

Get the latest UK breaking news from Express.co.uk

Comments

steady50 minutes ago
Who wants to see this archaic outfit in a nursery ? It would frighten the lives out of the kids for sure. This is utterly alien to anything British. The sooner our traitor politicians grow some gonads and BAN IT EVERTWHERE IN OUR COUNTRY, the better for us. Ooops, nearly forgot, Dave’s mate the chancellor has a brother who is a Muslim convert so that’s ok then, NOT !!

sunnygirl2 hours ago
good, bin bags back in the bins please> ThIs GARMENT must be banned. it is a disgrace to our British society.

Tenax2 hours ago
I should think seeing a thing like that would terrify young native-born English children. And why should they have to see it?

Gobledegook2 hours ago
Yes…. Why a QC ? On a trivial case like that. QCs are well over a £ 1000 a day… These people are just taking the p…..

Bill Sumner3 hours ago
Never mind a tripping hazard. It would frighten the children and give them nightmares.

Littlemo753 hours ago
I wouldn’t let my child attend a nursery or school where teachers dress like that – British people like to see who they are talking to not hidden behind a hijab. They should be banned in public – people coming to this country should abide by our laws and rules. I am sick to death of what is happening to this country

TomTreb3 hours ago
Absolutely agree, we are an open society and have a right to be able to see those who can see us. It should be illegal to appear in any public place, indoors or outdoors, with the face covered.

Getting_To_Old_For_T­his3 hours ago
A victory for common sense, albeit a small one.

antieu4 hours ago
Judge Daniel Serota QC, grow a spine and tell her that the hijab is not a cultural item in this country. You’re just like the rest of judges and MPs, grovelling to muslims and scared to say anything against them. It is the judges and MPs who are destroying this country with their PC, equality and grovelling to immigrants. Anti British the whole damn lot of them!

antieu4 hours ago
Shabina Begum, 17, who was represented on legal aid by Cherie Booth QC,. That says it all.

olive oi4 hours ago
They need to ban the burka in public places and make immigrants confirm or be deported! I wan to get out of EU as soon as possible.

Bill Sumner3 hours ago
Why not ban them everywhere. Both public and private places.

TomTreb3 hours ago
You mean ‘conform’ of course!

Tenax2 hours ago
Well? Did you vote UKIP? If not then YOU are compounding the problem.

Gobledegook2 hours ago
Yes… You deserve all you get now. If you didn’t vote UKIP… Now wait another five years when the problem will be much worse…

leicester19615 hours ago
Outfit would frighten young children

redwolf4 hours ago
will our top no@s ever learn from the past

Logician3 hours ago
Just imagine being some poor toddler and being confronted by a female Darth Vader.

Jenniferjones5 hours ago
IT’S TIME TO DO WHAT THE FRENCH HAVE DONE AND BAN THESE PEOPLE FROM WEARING THEIR CRAP IN PUBLIC PLACES, AND BETTER STILL DON’T EMPLOY THEM. I WOULD LIKE TO KNOW IF THIS WOMAN WENT TO HER JOB INTERVIEW AT THIS ILFORD SCHOOL LOOKING LIKE THAT.

BrianTaylor4 hours ago
Yes she did, and it is ridiculous that they even considered her fit to have the job. Islam is a totally false religion, made up 600 years after the death of Jesus (I’m not start some kind of argument as to whether Jesus is real or not, I’m just trying to make a point of history), they even have the nerve to say that Abraham is their Patriach, which would actually make them Jews and not not Muslims, rather stupid people, they even try to change and twist history to suit themselves.

WhiteNProud5 hours ago
Why do they get time off for ramahdan??? Do we get any extra holidays over and above the standard?

JohnJakobLess than a minute ago
Ramahdam is such a joke . They fast during the day and pig out at night . So they can recognize those less fortunate , as if not eating til late supper is some kind of moral feat .

harry6 hours ago
Sense at last,they were depressing the kids,they look like grim reapers walking around.

Ferret6 hours ago
I notice Cherie Booth uses her maiden name, doesn’t she want people to know she is married to Tony Blair?

millyjones3 hours ago
Well Blair is the most guarded man in Britain,so Ferret, could it be that his greedy wife, is scared to be recognized by the Blair’s muslim enemy’s.

Gobledegook1 hour ago
He certainly is the most guarded man in the world. And the most detested He will never enjoy his millions. Just look at the toll is having on him. Walking and driving everywhere. Everyday of his life. With armed guards within farting distance of him …..

David6 hours ago
It beggars belief that mud slimes are allowed to wander about the UK in bin bags, it has to stop.

Pig Sick7 hours ago
Apart from anything else, how would the children recognise her and/or identify with her? Good decision.

Tarpon 18 hours ago
For TedBear – what’s wrong with this:

Never mind the burka, simply ban all full-face coverings in public places unless there is good secular reason… So crash helmet ok on bikes and building sites but not while shopping, teaching, court or in the bank etc. Ski masks for skiing. Halloween masks at halloween parties (not in shops)….and so on.
No exceptions on a religious basis!!!

Look, it’s a cynical, repressive, politicised garment that rejects our culture and tradition.
Those that wear it (or insist upon it) would, given half a chance, deny us a lot of our freedoms.
It is contrary to any assimmilation and can be used for criminal purposes.

Tolerating it is like tolerating rot in your house.

Gobledegook7 hours ago
It is not an obligatory mode of dress for Muslims Much of it is just A bit of Mischief ‘. It certainly prevents 90% of their job interview prospects…. How clever is that eh ? Give them credit for their ‘ WIT

JEC8 hours ago
Oh come on, a tripping hazard!?!?!? Its an abomination, its culturally WRONG, it is not a religious requirement, it is an insult to women and to our soiciety! a tripping hazard!?!?!?

lillym9 hours ago
“The woman, not pictured,”

LOL It could be anyone in the photo. These women are allowed to drive with the black bin bag on. Where
are the Health and Safety drones on this?

the light2 hours ago
In the same place where the feminists hide and the RSPCA went when halal was being introduced

Gobledegook2 hours ago
How could one be prosecuted if it run a child over ? What identification evidence would there be

Saturday, 13th June 2015

Northern and Shell Media Publications. “Daily Express” is a registered trademark. All rights reserved.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s