Tribunal hears appeal in veil row

Mrs Azmi believes she has grounds for an appeal, her solicitor says

A Muslim classroom assistant sacked for refusing to remove her veil in lessons has launched an appeal against a ruling that she was not discriminated against.

Aishah Azmi, 24, was asked to take off the veil after Headfield Church of England school in Dewsbury, W Yorks, said pupils could not understand her.

Mrs Azmi refused and was sacked after an employment tribunal ruled that she was not the victim of discrimination.

She does not contest the sacking, but claims religious discrimination.

Her case against Kirklees Council is being considered by the Employment Appeals Tribunal in London.

'Unworkable test'

Her counsel, Declan O'Dempsey, said he had new evidence that had not been before the earlier trial, a report from a council officer who observed Mrs Azmi teaching on two occasions.

She was observed wearing the veil when she was with a male teacher and another time when she did not wear the veil with a female teacher.

The report found "a difference between Mrs Azmi's effectiveness" but said this could have been because of other factors and it was suggested that she be observed over a long period of time."

Mr O'Dempsey said his client had not been given that opportunity.

Peter Oldham, representing the council, said Mr O'Dempsey's argument set up a "very uncertain and unworkable test".

The panel reserved their judgement to a later date.

In October, an employment tribunal dismissed Mrs Azmi's three claims for discrimination and harassment, although it did agree she had been victimised by Kirklees Council, the local education authority.

She was awarded £1,100 in damages.

Mrs Azmi had said she was willing to remove her veil in front of children, but not if male colleagues were present.

The school and authority argued that pupils needed to see her face to understand what she was saying in lessons.