News

Former soldier wins appeal after facing religious discrimination, with help of equalities watchdog

Published: 4 July 2023

A former soldier who faced discrimination while in the British Army, due to his beliefs as a practicing Muslim, has brought a successful claim against the Ministry of Defence, with help from the Equality and Human Rights Commission (EHRC).

The watchdog provided funding for the case in 2022, brought by Ebrima Bayo.

Mr Bayo spent over eight years as a soldier in the British Army, but faced discrimination including mockery from other soldiers for wearing his prayer attire and derogatory comments about his Muslim beliefs.

Mr Bayo reported his concerns to his chain of command, but they failed to act promptly to address the Islamophobia.

With the representation of the Centre for Military Justice, Mr Bayo was able to secure a formal apology and a favourable settlement,  sending a powerful message to other employers to ensure they address Islamophobia within their workforce.

Baroness Kishwer Falkner, Chairwoman of the Equality and Human Rights Commission, said:

“Mr. Bayo had a promising career ahead of him, serving and defending his country, but suffered disgraceful discrimination and harassment on account of his religious beliefs as a practicing Muslim.

“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.

“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.

“We are pleased that he has now received a favourable settlement, and a formal apology from the Ministry of Defence.

“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.” 

Ebrima Bayo said:

“It has been a long six years trying to get justice for the discrimination, harassment and victimisation I experienced. The whole process has been very frustrating, disheartening and humiliating.

“I feel let down by the Army. Its reluctance to acknowledge that these acts happened to me felt like a huge kick in the face. I felt isolated and saddened that I had to fight so hard to get justice. The whole situation has left me feeling let down and having no faith in the military.

“The maltreatment and reluctance to accept that what happened to me was wrong and led me to decide not to pursue my Army career. I tried to resolve the problem internally by raising it with my chain of command. Nothing happened. I tried to address it by making a formal Service Complaint. That was rejected until I appealed it, which took two long years.

“I’m glad to finally be able to put all this behind me now, but as long as people are not held responsible for their actions, these kinds of things will continue to happen and will get swept under the carpet. This harms the Army because it puts people off joining and puts people like me, who should be flag bearers for the British Army, in the position of having to discourage others from joining, especially people who would be in an ethnic or religious minority in the forces.

Notes to Editors

  1. The settlement amount is confidential. The claimant was represented by the Centre for Military Justice and Nathan Roberts of Matrix Chambers. The Equality and Human Rights Commission provided funding.
  2. The Equality and Human Rights Commission helped fund this case as part of our powers to provide legal assistance to victims of discrimination under section 28 Equality Act 2006.
  3. The Equality and Human Rights Commission has a fund for race discrimination cases to support legal action for individuals who would not otherwise be able to afford legal representation. The fund has supported people with claims of race discrimination against a variety of employers and service providers, including high street retailers, schools, airlines, banks and pubs. 

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