Nurse loses discrimination case on wearing a cross crucifix necklace

Shirley Chaplin worked as a nurse on an infection and isolation ward at the Royal Devon & Exeter NHS Foundation Trust. She was moved to a nursing admin role when she could not reach an agreement with the Trust on wearing a crucifix at work.

An Employment Tribunal has ruled that the Trust did not discriminate against her by moving her to a different role.

“Our view was and remains that staff should comply with Trust policy on dress code/uniform and that wearing a necklace runs the risk of compromising patient and staff safety,” said HR director for the Trust, Lynn Lane in a statement on the Trust’s website. “Our policy is entirely consistent with Department of Health guidelines.”

Determining how far to go in accommodating an employee’ss religious belief where it conflicts with workplace policy has been something employers have struggled with according to Audrey Williams, head of discrimination at law firm Eversheds.

She said: “This is the latest in a series of cases brought by employees who feel their employer has got the balance wrong. But as this case shows, proving unlawful discrimination is no simple matter. And unlike in some other countries, for example the USA, there is no general obligation on employers to accommodate an individual’s religious beliefs.”

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