On 1 October 2015 a new provision of law was introduced which permitted workers practising the Sikh faith to wear their turbans in the workplace. This extended the right for Sikhs to wear their turbans on construction sites, and in safe environments, closing the loophole that meant Sikhs could not wear their turbans in hazardous environments which were not construction sites, for example, factories and workshop floors.
This change follows campaigning from the Sikh Council UK, and is heralded by the organisation as a law that will make a real difference to Sikhs in the UK by increasing the number of workplaces that they can work in, whilst maintaining their religiously mandated identity.
The old law led to a number of cases where Sikhs faced disciplinary hearings, or were even dismissed for refusing to wear a safety helmet. This new legislation exempts Sikhs from wearing the safety helmet, and prohibits disciplinary action against Sikhs who choose to do so. Sikhs are also protected from discrimination on the basis of their religion or belief in relation to their rights to wear their turban. It also provides some protection to employers in relation to any personal injury claims or claims arising out of accidents which happen because of, or are worsened by, an individual failing to wear a safety helmet because they are taking advantage of this right.
Certain very limited exceptions will remain in place where safety helmets must be worn by Sikhs when taking part in specific roles for the armed forces, or emergency response situations.
This change in the law is brought into effect as part of the Deregulation Bill. The Health and Safety Executive have issued new guidance for employers in relation to their health and safety obligations in respect of Sikhs wearing turbans. This is available at www.hse.gov.uk/foi/internalops/og/og-00003.html.
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