Employee loses landmark religious discrimination claim

The Court of Appeal has found against a British Airways employee who claimed that she was being discriminated against by her employer's ban on wearing a cross at work.

Nadia Eweida had applied to the High Court to overturn a decision by the Employment Appeal Tribunal that she was not a victim of indirect religion or belief discrimination.

Upholding the EAT's decision, the Court of Appeal said that the ban imposed on wearing religious symbols did not discriminate against Ms Eweisa, a Christian, because it applied to all religious symbols, not just Christian ones.

Lord Justice Smedley said: “This case has perhaps illustrated some of the problems which can arise when an individual asserts that a provision, criterion or practice adopted by an employer conflicts with beliefs which they hold but which may not only not be shared but may be opposed by others in the workforce.

“It is not unthinkable that a blanket ban may sometimes be the only solution...the defendant employer may show that, in spite of its negative effect, the provision, criterion or practice, despite its unequal impact, constitutes a proportionate means of achieving a legitimate aim.”

Ms Eweida has worked for British Airways as a part-time check-in operator from 1999. In 2004, the airline introduced a new uniform with an open neck, at the same time amending the dress code to prohibit any form of adornment worn around the neck. After refusing a request to cover up her necklace in September 2006, Ms Eweida was suspended from work unpaid until February 2007. Her claim to the Court of Appeal included one for £120,000 in damages and lost earnings.

In 2007, British Airways amended its uniform policy to allow the wearing of religious symbols.

Ms Eweida, whose case was backed by civil rights group, Liberty, has said that she is likely to appeal to the Supreme Court.