Workplace Report November 2007

Law - Discrimination

Religion or belief

Case 16: The facts

Mr Harris, an executive driver working through an employment agency, was not allocated work one week. Believing that this happened because the company objected to him wearing his hair in dreadlocks, which he did in accordance with his Rastafarian beliefs, Harris claimed that this amounted to discrimination on grounds of religion or belief.

A tribunal found that Rastafarianism was a philosophical belief, meaning that there was no dispute that Harris was protected by the Employment Equality (Religion or Belief) Regulations.

The ruling

The tribunal had found that, while the company had a requirement for workers’ hair to be “tidy”, there was no evidence that it considered dreadlocked hair to be untidy; dreadlocks were allowed if they were kept tidy, the Employment Appeal Tribunal held, and therefore the company did not discriminate against Rastafarians.

Harris v NKL Automotive Ltd & another UKEAT/0134/07