The Court of Appeal ruled on 28 October that Nohad Halawi effectively has no employment protection rights in relation to losing her job at Heathrow, after spurious ‘anti-Islam’ complaints were made against her.
In the judgment, Lady Justice Arden said: ‘I too have an uneasy feeling that the complex arrangements have the effect that the Appellant has no remedy for discrimination’.
The case raises vital issues about whether employers can effectively sidestep important employment protections (including non-discrimination and religious freedom regulations) through the use of complex contract arrangements. It also highlights a potential clash between UK and EU understandings of ‘employment’. The case could have implications for thousands of workers in the UK who use employee-controlled companies.
Mocked Christian
Mrs Halawi had defended a Christian colleague who was mocked by Muslim colleagues for wearing a cross. She also spoke with management about the way that some Muslim workers made comments against Jews and Christians. A complaint was then made against her, based on a misheard conversation.
Nohad says her substantive complaints were effectively ignored by World Duty Free, but that the company acted immediately to end her livelihood when unsubstantiated complaints were made against her.
Over 20 of Mrs Halawi’s colleagues, some of them Muslims, signed a petition which stated: ‘We are shocked and saddened by the recent dismissal of our colleague and friend, Nohad, as a result of malicious and unfounded allegations made against her’.
