Legal action
Challenging religious discrimination in the British Army
Published: 28 November 2023
Last updated: 28 November 2023
Case details
Protected Characteristic | Race, Religion or belief |
---|---|
Types of equality claim | Direct discrimination, Harassment, Indirect discrimination |
Court or tribunal | Employment Tribunal |
Decision has to be followed in | England, Scotland, Wales |
Law applies in | England, Scotland, Wales |
Case state | Concluded |
Our involvement | Legal assistance (section 28 of the Equality Act 2006) |
Outcome | Settlement |
Areas of life | Work |
Case name: Bayo v Ministry of Defence
A former soldier who faced discrimination while in the British Army, due to his beliefs as a practicing Muslim, brought a successful claim against the Ministry of Defence, with help from the Equality and Human Rights Commission.
Legal issue
Was the Claimant subjected to discrimination and harassment because of his race and/or religion while serving in the British Army?
Background
Mr Ebrima Bayo spent over eight years as a soldier in the British Army. He claimed he experienced numerous acts of race and religious discrimination whilst deployed abroad with the British Army in 2017. He was periodically refused permission to fast during Ramadan; refused access to proper evening meals during fasting; served pork on multiple occasions; denied permission to purchase appropriate meals at his own expense. He was also denied adequate time or facilities to pray, endured offensive taunting from other soldiers and was being ridiculed when in prayer attire.
Mr Bayo reported his concerns to his chain of command, but they failed to act promptly to address the Islamophobia.
Why we were involved
No one should face the treatment that Mr Bayo suffered while at work because of their religion. The Equality Act 2010 outlawed discrimination due to someone’s religion or belief, or due to their race or ethnicity.
The law is clear: no one should be subjected to harassment or discrimination due to their race or religion, either at work or elsewhere. All employers should take note of this case and ensure that they have appropriate protections for their staff.
What we did
As Britain’s equality regulator, we have powers to provide legal assistance to victims of discrimination. We used these powers to fund Mr Bayo’s case in 2022.
What happened
We helped Mr Bayo secure a formal apology and a favourable settlement in the case.
Who will benefit
This case sends a powerful message to all employers to ensure they address Islamophobia within their workforce. There was considerable media coverage of the case which highlighted the issue, the impact of such behaviour and the responsibilities of employers:
Page updates
Published:
28 November 2023
Last updated:
28 November 2023