IN the most recent case of religious discrimination to be decided by an employment tribunal, a finding was made that it was not unlawful to require a Muslim classroom assistant to remove her full face veil whilst in the classroom.

The case involved Aishah Azmi, an assistant at a primary school in Dewsbury. She had not worn her veil to her interview, and had not worn it at an initial training day. At no time had she told the school that her religious beliefs required her to wear a veil.

Then, in the first week of term, she asked to be allowed to wear the veil whilst working with male teachers. The headteacher, having concluded that it would be impossible to guarantee that Miss Azmi would not have to work with male teachers, observed her teaching whilst wearing the veil. He concluded that the veil interfered with Miss Azmi's work in that it prevented the children with whom she was working from seeing her facial expressions.

This then impeded their ability to learn language skills from her. On that basis, he asked her to remove the veil - however she refused to do so and went on sick leave. When she returned, she was suspended from duty.

In response, Miss Azmi brought proceedings for religious discrimination. Her claim was heard by a tribunal at Leeds, and was rejected.

The panel said that it was appropriate to compare Miss Azmi with a person who was not a Muslim but who covered her face, for example with a balaclava. The tribunal accepted that such a person would have been suspended in the same way, and that accordingly, Miss Azmi had not been treated any less favourably on account of her religious beliefs. In that regard, her claim failed.

Miss Asmi did, however, win her victimisation claim. The tribunal accepted that the school's attitude towards her had deteriorated on becoming aware that she had sought advice from the Advisory, Conciliation and Arbitration Service, and had written to her MP for advice.

She was awarded compensation of £1,100.