Sikh loses challenge to refusal by Garda Reserve to allow turbans on duty

Lawyers for Garda Commissioner argued Equality Acts do not apply to Garda Reserve

Mr Justice Kevin Feeney dismissed a challenge by a member of the Irish Sikh community to a refusal to allow those training for the Garda Reserve to wear a turban while on duty. Photograph: David Sleator
Mr Justice Kevin Feeney dismissed a challenge by a member of the Irish Sikh community to a refusal to allow those training for the Garda Reserve to wear a turban while on duty. Photograph: David Sleator

A High Court judge has dismissed a challenge by a member of the Irish Sikh community to a refusal to allow those training for the Garda Reserve to wear a turban while on duty.

Ravinder Singh Oberoi had completed the first three stages of training for the Garda Reserve when he was told he would have to wear a full Garda uniform and could not wear a turban.

That decision meant he was unable to continue his training and become a member of the reserve, Mr Oberoi said.

He made a complaint under the Equality Acts alleging he was treated less favourably than others in accessing employment and in his conditions of employment.

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Lawyers for the Garda Commissioner argued members of the Garda Reserve are not “employees” within the meaning of the Equality Acts and therefore the Acts did not apply to them.

The Garda Síochána Act says a reserve member is a volunteer who does not perform functions under a contract of employment, it was submitted.

In a reserved judgment yesterday, Mr Justice Kevin Feeney agreed.