A Christian factory worker was unfairly dismissed after he refused to remove his crucifix necklace at work, an employment appeal tribunal (EAT) has found.
The Dundee employment tribunal heard that Mr J Kovalkovs refused to take off a necklace as it had a religious importance. However, his employer, 2 Sisters Food Group, argued that its policy prohibiting the necklace was one of health and safety, both in relation to the risk of contamination to the food product and also to avoid the employee becoming tangled in machinery.
Employment Judge Cowen said the application of a “foreign body control policy” placed Kovalkovs at a disadvantage, as he would not be allowed to wear his necklace: “It was clear to us that the claimant had lost a job as a result of the discrimination towards him.”
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Kovalkovs was employed by the chicken processing firm from 12 November 2019, first as a press operative and then quickly promoted to quality inspector in the factory.
As a Christian who follows the Russian Orthodox Church, he wore a silver crucifix on a neck-chain every day, close to the chest, to signify his commitment to his belief.
However, 2 Sisters Food Group’s foreign body control policy, part of its food safety processes, did not permit employees to wear jewellery aside from a single, plain band ring. An exception could be made for religious jewellery but only following a risk assessment.
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