Legal FAQs

Customers in our retail outlets have complained that they have difficulty hearing and understanding female staff in customer facing roles if they are wearing the niqab (full veil). What can we do?

An employer can have a policy which limits the wearing of the veil at work. But this is likely to discriminate indirectly against Muslim women and would need to be objectively justified. A legitimate aim might be that an important requirement of the job is to ensure clear 'over the counter' communications with customers, and the employer may be able to show that the veil impairs communication. We would recommend that supporting evidence is gathered (in this case e.g. customer complaints). To date, legal experience suggests that 'proportionality' would depend on showing that other solutions had been properly examined, and that restrictions were properly focused. For example, the wearing of the veil should be permitted at times other than when it impedes satisfactory job performance, unless there are other reasons (e.g. related to hygiene or health & safety) against this.

The EAT decision in Azmi v Kirklees Metropolitan Borough Council, summarized here, is relevant and provides useful guidance.