Headscarf ban legal, says EU law chief

EMPLOYERS can ban workers from wearing headscarves, crucifixes and other religious clothing, the European Union’s top legal adviser said yesterday.

G4S, the security firm, did not breach EU anti-discrimination laws when it fired a Belgian Muslim receptionist who wanted to cover her head, it was argued.

Bans on religious clothing are legal in the EU as long as they apply to all faiths and political views equally.

Juliane Kokott, the European Court of Justice’s advocate general, issued the opinion which gives a strong indication of how Europe’s top court will eventually rule. Previous rulings on religious dress codes have come from the European Court of Human Rights in Strasbourg, which is not part of the EU administration.

It could open the door to similar bans in the UK.

Ms Kokott said that G4S was entitled to dismiss Samira Achbita after she flouted an internal uniform policy by announcing she would wear a headscarf at work, saying that the company had a right to a “policy of strict religious and ideological neutrality”.

“There is nothing in the present case to indicate that an individual was ‘treated less favourably’,” she wrote.

“A company rule such as that operated by G4S could just as easily affect a male employee of Jewish faith who comes to work wearing a kippah, or a Sikh who wishes to perform his duties in a turban, or employees of a Christian faith who wish to wear a clearly visible crucifix,” Ms Kokott said.