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Azmi v Kirklees Metropolitan BC
''Azmi v Kirklees Metropolitan Borough Council'' () IRLR 434 ((EAT )) is a UK labour law case, concerning indirect discrimination on grounds of religion.
==Facts==
Aishah Azmi, an English and Arabic graduate from Leeds University was employed as a bi-lingual support worker at Headfield Church of England (Controlled) Junior School, Thornhill Lees, Dewsbury in West Yorkshire (where 92% of the students were Muslim), claimed constructive unfair dismissal for religious discrimination, because the school refused to allow her to wear a niqab that covered her face as she worked with male colleagues. The Employment Appeal Tribunal stated the following fact summary.〔() IRLR 434 ((EAT )), ()〕
After Azmi requested to be able to wear the veil the school and the local authority allowed her to wear the niqab temporarily outdoors in school grounds, but was concerned that many male colleagues were necessarily in the classrooms. They investigated whether wearing the niqab was compatible with doing her job, but ultimately found in a report "Gesture and body language including facial expression reinforce the spoken word" and noted Azmi's "lovely friend smiling manner with the children and how they responded well to this" but that children could not respond to her teaching so well when her face was concealed.〔() IRLR 434 ((EAT )), () and ()〕 Accordingly they concluded that Azmi could not continue working if she kept the niqab. Between November and February Azmi took time off and it was agreed to resolve the issue in the Tribunal.
The Employment Tribunal dismissed Azmi's claims for direct and indirect religious discrimination and harassment but found that she had been victimised for complaining, and awarded £1000, increased by 10% for the local authority's failure to follow the statutory grievance procedure. Azmi appealed the finding on direct and indirect discrimination and harassment. Azmi was subsequently dismissed by Kirklees Council.〔(School sacks woman after veil row ) BBC News, 24 November 2006〕 She lodged papers with the Employment Appeals Tribunal in London, although she was publicly advised by her MP Shahid Malik to drop the case, since 'there is no real support for it'.〔(MP tells veil woman 'let it go' ) BBC News, 20 November 2006〕 Azmi's legal representative, Nick Whittingham, of Kirklees Law Centre, expected the case to be heard in the first half of 2007.
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