Q. My employer has a uniform policy which prevents the display of jewellery. As a Christian, I like to wear a cross over my clothing as an expression of my faith. Because I can't do this at work I feel as if I am being discriminated against. What is the law here?
A. Your question actually concerns something called "indirect discrimination" i.e. does this policy indirectly discriminate against Christians? T he purpose of indirect discrimination is to deal with the problem of group disadvantage, as opposed to someone's subjective, personal religious views. It is not sufficient for you to show that you personally have been disadvantaged - you must show that a group (here Christians) has suffered a particular disadvantage.
The wearing of a visible cross, although motivated by faith, is a personal decision and not a requirement of Christian faith or scriptures. I do not believe that Christianity requires its followers to display crosses (thank God) and therefore your employer's policy does not legally discriminate against Christians as a group.
Of course, as a matter of practicality, all employers should consider their uniform policies carefully so as to obtain the correct balance between corporate consistency, individual need and accommodation of diversity. I would suggest therefore that you speak to your employers about this issue. They well may be able to reach a compromise with you: sometimes the light does shine all!
Employment issues can be complex with much depending upon the circumstances of each individual case. For specialist advice contact Keith Swan of Patterson, Glenton & Stracey Solicitors by email at ks@pgslaw.co.uk or by telephone on 0808 231 7043. Patterson, Glenton & Stracey Solicitors have provided legal advice to the people of South Tyneside for over 125 years. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk. Patterson, Glenton & Stracey Solicitors : the Logical Answer .
