A factory worker who was fired on the spot for wearing a crucifix to work has been awarded more than £22,000 after an employment tribunal ruled he had suffered discrimination. 

Jevgenijs Kovalkovs, an Orthodox Christian, said the chain was a gift from his mother and the judge acknowledged it had "deep and profound" meaning to him.

However, his line manager at the chicken wholesalers firm where he worked told him it was a health hazard and could become tangled in machinery.

He initially removed the chain, which has 30 small links, but at a later date refused to take it off and was sacked for "refusing to obey a management instruction."

The hearing was told that no proper risk assessment was carried out to identify any steps that could be taken to mitigate the risk such as ensuring it was tucked into his clothing at all times.

The claimant was described as a good worker and had just been promoted to the role of quality inspector - not long after starting at the 2 Sisters Food Group Limited in Coupar, Angus in November 2019.  

He was still in his probationary period which allowed the firm to dismiss him on the spot.

He worked in the food production area of the site, which required the use of a protective white coat, which he wore over his own clothes.

Company policy stated that jewellery must not be worn in production areas "with the exception of a single plain, band ring".

An exception was made for religious jewellery subject to a risk assessment being carried out.

The hearing was told that his line manager, Ms McColl, had never carried out a risk assessment of that nature before.

She did not complete all the sections of it and admitted she she had not inspected the chain or considered whether there was any alternative means of wearing it which would reduce the risk.

Mr Kovalkovs, who is a member of the Russian Orthodox church, argued that there was no difference between his chain and a work lanyard. However the hearing was told by the firm that clasps are designed to break immediately if they become tangled and this was accepted by the judge.

However, the tribunal found that the company had failed to produce evidence which indicated that the health and safety of staff and customers had outweighed the discriminatory effect on the claimant of being prohibited from wearing the jewellery.

Mr Kovalkovs told the hearing that he had wanted to continue to work for the firm and progress to more senior roles within the factory.

He has been awarded £22,074.68 after the tribunal in Dundee found the firm's foreign body control policy was "indirectly discriminatory".

Louise Cowen, the employment judge, concluded: "If this discrimination had not taken place, the claimant would have continued to work for the
respondent.

"It was clear to us that the claimant had lost a job as a result of the discrimination towards him. 

"His religion and the wearing of his necklace were of deep and profound meaning to him. 

"The Tribunal concluded that his feelings of discrimination by his employers were genuine and substantial. 

"We also took into account that whilst the consequence of the discrimination was long term, in the sense that it brought to an end his employment, the actions themselves were relatively short lived involving one significant occasion."