News
Nurse in crucifix battle
29 March 2010
In a case which echoes Eweida v British Airways, Shirley Chaplin, a Christian nurse, today takes on her employer, the Royal Devon and Exeter NHS Trust, in the Exeter Employment Tribunal, claiming religious discrimination over its refusal last year to let her "wear a crucifix on a necklace or in any other manner which could constitute a health and safety risk whilst doing a clinical facing role in the hospital".The Department of Health's practical guide on religion or belief states that: "NHS organisations that have policies regarding the wearing of jewellery or other symbolic items should factor in due consideration for items that are traditional within some religions or beliefs, unless the rules are for health and safety or other justifiable reasons. Some items of jewellery can be highly symbolic in certain religions and cultures, so any rules against the wearing of these must be justifiable so as not to constitute indirect discrimination. However, health and safety and the duty of care to patients are paramount."
The Trust has stated its policy was nothing to do with the crucifix specifically but related to health and safety concerns about patients grabbing necklaces. But Mrs Chaplin claims the Royal Devon and Exeter NHS Trust Hospital was trying to prevent her from expressing religious beliefs, and argues she has worked for the NHS for 30 years without her cross causing anyone an injury.
The Trust's HR director said: "The trust has fully acknowledged that this has become an important issue for Mrs Chaplin, which is why we offered her a number of different options in the hope that a mutually acceptable solution could be agreed. We are very disappointed that this matter could not have been resolved before now. For the trust, this has always been about compliance with our agreed uniform policy and the safety of staff and patients. Our policy on necklaces accords with most other trusts' dress codes and Department of Health guidelines. Sadly, it appears that Mrs Chaplin may have been deflected from agreeing a sensible and pragmatic resolution of this dispute by the involvement of other parties outside the trust."
Mrs Chaplin's case is supported by the Christian Legal Centre, and yesterday Lord Carey, the former Archbishop of Canterbury and a number of Church of England bishops rallied to Mrs Chaplin's cause in a letter to the Sunday Telegraph, expressing "deep concern at the apparent discrimination shown against Christians".
Shami Chakrabarti, the director of Liberty said: "Whether personal faith motivates the wearing of a cross, turban, head scarf or Star of David, it is fundamentally illiberal to require people to check such an important part of themselves at the workplace door for no justifiable reason. Freedom of thought, conscience and religion should protect people of all faiths and none. We look forward to the Supreme Court demonstrating this by overturning the Court of Appeal in Nadia Eweida's case against BA."