The Equality Act 2006 and the "Sikh Bangle case".



Posted: Wednesday, June 18, 2008

by
Temple Court Chambers

Rights to Cultural Expression under the Equality Act 2006, and, the Sikh Bracelet fight in the High Court.

The Equality Act 2006 (and the Race Relations Act 1976) provides protection for a person's religious belief and Sikhism is one of the protected faiths under the Act. It has been explicitly stated that a persons religious beliefs such as the wearing of turbans by Sikhs need to be respected and you cannot have an any policies, criteria or practices that inhibit your ability to practice your faith be it at work or at school.

Religious discrimination can occur when you do not have the same religious philosophical beliefs as someone else, or because you have no set religious beliefs, and, directly as a result of this, somebody treats you less favourably than someone who does share their religion or belief.

The Sikh bracelet case concerns a Sikh girl being prohibited from wearing a religious bracelet known as a "Kara", as the school prohibits all children from wearing bangles as part of their school uniform policy. The girl refused to take the "Kara" off pursuant to the school governing bodies decision stating that she had to pursuant to their code of conduct, and, as a result she was excluded from school. Her parents have argued that the "Kara" is a vital and integral part of their daughter's religious beliefs in order to protect her and to act as a symbol for her to do good.

The Equality Act 2006 expressly prohibits discrimination whether direct or indirect based upon religion. The case has been taken to the High Court as it is being alleged that the fact that the Sikh girl had been excluded from school as she refused to take her "Kara" off, is indirect race discrimination.

Indirect discrimination occurs when an organisation such as a school has policies, criteria or processes that put you at a disadvantage because of your religious or philosophical beliefs, or because you have none.

This case is thus centred on the fact that that the school has indirectly discriminated against the school girl due to their school uniform policy putting a criterion in their uniform policy that indirectly affects Sikhs. It is alleged that there has been indirect race discrimination due to the school policy prohibiting the Sikh girl from wearing her "Kara" which is a significant symbol of her Sikh faith and as a result puts her at a disadvantage compared to others. The school should have taken the girls concerns into consideration before they excluded her for refusing to take her "Kara" off.

This school uniform policy will thus have to be objectively justified by the governing body otherwise it will be indirect race discrimination which this Sikh girl can seek protection from by this Act. She will also be entitled to receive compensation for any loss suffered  if the High Court rules in her favour and states that she has been indirectly discriminated against as a result of the school uniform policy.

It will be interesting to see how the High Court rules in this case and the guidelines it will give for any future indirect race discrimination claims as a result of policies at school and beyond. What are interesting are the publicity this case has received and the express backing by Human Rights groups such as Liberty . It also highlights that discrimination based on practices and policies is far from eradicated post the Race Relations Act 1976. But interestingly it gives the High Court the opportunity to rule on the Equality Act 2006 as well as the Human Rights Act 1998 that (expressly protects you from freedom of thought, belief and religion) and the opportunity to give guidelines on future cases. 

Meera Yagnik

Barrister

Temple Court Chambers
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Meera Yagnik completed her pupillage at 5 St Andrews Hill Chambers of Simon Draycott QC, London. Meera is presently a barrister (Door Tenant)  at Temple Court Chambers specializing in all commercial and employment law related matters.She has extensive litigation experience before the Commercial Courts,Employment Tribunal and Appeal Tribunal. She also lectures on a part time basis for the ICSA Corporate Secretaryship qualification.She has also provided lectures at solicitors offices on Corporate Governance under the Companies Act 2006 and Employment matters. Meera has also provided advice and assistance  to various insurance, local authorities and solicitors firms on Employment, Human Resources and Commercial matters.
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