Acumen News & Events

11 June 2010

Hospital provides encouragement for employers

Testing out the rights of Nurse Chaplin’s faith vs. health and safety rules. A very public issue.

The highly publicised case of Nurse Shirley Chaplin bringing a discrimination claim against her hospital employers is something which most employers have been awaiting the outcome of. The conflict of moral ground in testing out the rights of Nurse Chaplin’s faith against health and safety rules has become a very public issue.

Nurse Chaplin of the Royal Devon and Exeter Hospital took her discrimination claim to tribunal after she was told to remove her crucifix necklace in June last year after it was deemed a health risk under the hospital's adopted policies. The Hospital considered that the crucifix could be pulled on by one of the elderly and confused patients. The hospital offered alternatives such as wearing it in various different ways such as displaying it outside her uniform or on her chain below a turtle neck t-shirt. Nurse Chaplin offered her own alternative, that the necklace be fitted with with a magnetic clasp to make it break apart easily, she also argued that two Muslims at the hospital were allowed to wear headscarves under the "exemption" rules for religious symbols. Although Nurse Chaplin was offered various potential compromises she instead accepted a transfer that took her off frontline duties.

As the case went on, more publicity was afforded to it and Christians around the world sought to establish the rights to wear the Christian symbol on show despite the perceived safety risks in a hospital environment. Bishops in the UK became involved, claiming that Christians are being persecuted in an increasingly secular society.

The Tribunal Judge ruled that the hospital had acted reasonably in trying to reach a compromise. The Judge suggested that the damage to Nurse Chaplin had been "slight" and noted that wearing a cross was not a requirement of the Christian faith.

Employers should find the case encouraging as it provides some guidance in an area of law which is ever changing and developing and one where employers are likely to face an increasing number of such legal challenges. It is the second such case of its kind in what has become a highly emotive and rapidly-developing area of the law.

In February British Airways flight attendant Nadia Eweida lost an appeal against a ban by her Employers on her wearing a cross visibly at work. She appealed against an employment tribunal ruling which found BA was not guilty of religious discrimination in banning her cross. British Airways said it was not banning her cross, but said its policy was that such items could be worn only if concealed under uniform. The case is not being appealed.

This case brought by Nurse Chaplin highlights not only the challenges posed for employers in enforcing H&S policy but also in their responses when claims do arise. The fact that the hospital went to great lengths to find a compromise undoubtedly influenced the tribunal decision. 

Are you considering implementing or making changes to your Health and Safety policy? For further advice on this matter please call us today on 01244 357 211.